United States of America, Plaintiff and Appellee, v. Oralia Delacerda, Defendant and Appellant, 474 F.2d 857 (9th Cir. 1973)

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US Court of Appeals for the Ninth Circuit - 474 F.2d 857 (9th Cir. 1973) Feb. 13, 1973

Kenneth L. Collins, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Terry W. Bird, Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, KOELSCH and KILKENNY, Circuit Judges.

PER CURIAM:


The judgment of conviction in this case for attempting to board an aircraft of Pacific Southwest Airlines with a concealed weapon is affirmed.

Defendant contends the Pacific Southwest Airlines (PSA) was not engaged in "air transportation." See 49 U.S.C. § 1301(10).

Inasmuch as PSA, although not certificated by the Civil Aeronautics Board, was properly engaged in the transportation of United States mails on some routes, we hold that 49 U.S.C. § 1472(1) was violated by Delacerda.

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