United States v. McGuire, No. 11-12052 (11th Cir. 2013)Annotate this Case
Defendant was convicted of attempting to set fire to, damage, destroy, or wreck an aircraft, in violation of 18 U.S.C. 32(a)(1), when he fired a single shot from a handgun in the general direction of an airborne police helicopter. The judge determined that this was a crime of violence for purposes of 18 U.S.C. 924(c)(1)(A), which imposed a mandatory consecutive sentence on anyone who uses or possesses a firearm in connection with such a crime. On appeal, defendant, challenged both the jury's verdict and the judge's determination. The court held that there was sufficient evidence to convict defendant of attempting to damage or disable an aircraft in flight under section 32(a)(1), and that this was categorically a crime of violence. Accordingly, the court affirmed the judgment and sentence.