United States v. Lozoya, No. 17-50336 (9th Cir. 2020)
Annotate this Case
The en banc court affirmed defendant's conviction for misdemeanor assault within the special aircraft jurisdiction of the United States. Defendant was traveling on a commercial flight from Minneapolis to Los Angeles when she argued with another passenger and slapped him in the face.
The en banc court held that venue for in-flight federal offenses is proper in the district where a plane lands. The en banc court explained that, for crimes committed on planes in flight, the Constitution does not limit venue to the district directly below the airspace where the crime was committed, and thus venue "shall be at such Place or Places as the Congress may by Law have directed." The en banc court joined the Tenth and Eleventh Circuits and concluded that the second paragraph of 18 U.S.C. 3237(a) applies to federal crimes committed on commercial aircraft within the special aircraft jurisdiction of the United States. Such in-flight crimes are covered by section 3237(a) and may be prosecuted in the flight's landing district.
Court Description: Criminal Law The en banc court affirmed a conviction for misdemeanor assault within the special aircraft jurisdiction of the United States, in a case in which the defendant, who committed the assault on a commercial flight from Minneapolis to Los Angeles, argued that venue in the Central District of California was improper because the assault did not occur in airspace directly above the Central District. The en banc court held that the Constitution does not limit venue for in-flight federal crimes to the district sitting directly below a plane at the moment a crime was committed, and that venue thus “shall be at such Place or Places as the Congress may by Law have directed.” U.S. Const. art. III, § 2, cl. 3. The en banc court held that the second paragraph of 18 U.S.C. § 3237(a) applies to federal crimes committed on commercial aircraft within the special aircraft jurisdiction of the United States, and that such crimes may be prosecuted in the flight’s landing district. Dissenting in part and concurring in the judgment, Judge Ikuta, joined by Judges Collins and Lee, wrote that under the correct venue statute, 18 U.S.C. § 3238, the trial for an assault on a cross-country flight can be held only where the defendant “is arrested or is first brought,” or where the defendant resides. UNITED STATES V. LOZOYA 3
This opinion or order relates to an opinion or order originally issued on April 11, 2019.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.