United States v. Sasso, No. 11-1094 (1st Cir. 2012)Annotate this Case
The government charged Defendant with one count of interfering with the operation of an aircraft with reckless disregard for human life and one count of making false statements. After a jury trial, the jury found Defendant guilty as charged. The First Circuit Court of Appeals affirmed Defendant's conviction under 18 U.S.C. 1001, vacated Defendant's conviction under 18 U.S.C. 32(a)(5), and remanded, holding (1) the evidence was sufficient to support Defendant's conviction, as the government proved all the elements of the offense beyond a reasonable doubt; and (2) a jury instruction erroneously diluted the mens rea requirement of section 32(a)(5), and the error was not harmless.