Where a defendant challenged his conviction for knowingly aiming a laser pointer at an aircraft, in a case of first impression the court finds that the law’s requirement that the laser beam be “knowingly aimed” does not require the offender to intend the beam to strike the aircraft or flight path, so the conviction is affirmed and the district court did not err in excluding irrelevant testimony and rejecting the defendant’s proposed instructions.
Judgment is affirmed.
U.S. v. Smith (MLW No. 66576/Case No. 13-2728 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.) Appealed from U.S. District Court, District of Nebraska, Gerrard, J. (Richard Haile McWilliams, Omaha, Nebraska, argued for appellant) (Frederick D. Franklin, Omaha, Nebraska, argued for appellee).
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