United States v. Rogers, No. 17-1247 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's application of a nine-level sentencing enhancement for recklessly endangering the safety of an aircraft under USSG 2A5.2(a)(2). In this case, defendant pleaded guilty to one count of aiming a laser at an aircraft when he repeatedly pointed a laser at a police helicopter, temporarily blinding the pilot. The court held that, although it was a close question, the district court did not clearly err in finding that defendant was aware of the danger of pointing his laser at an aircraft.
Court Description: Gruender, Author, with Colloton, Circuit Judge, and Reade, District Judge] Criminal case - Sentencing. No error in imposing a nine-level enhancement under Guidelines Sec. 2A5.2(a)(2), where defendant pointed a laser at a police helicopter, thereby recklessly endangering the safety of the aircraft; while it is a close question, the sentencing record showed defendant knew that pointing a laser at someone operating a vehicle was dangerous and that pointing the laser at an aircraft was wrong. [ February 05, 2018
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