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Interfering with flight crew not always violent crime: U.S. appeals court
Source: Reuters
#U.S.
JULY 26, 2017 / 1:16 PM / 2 HOURS AGO
Interfering with flight crew not always violent crime: U.S. appeals court
Jonathan Stempel
(Reuters) - Interfering with a flight crew is not always a "crime of violence," a federal appeals court ruled on Wednesday in a decision favoring a New York man who rushed the cockpit and shouted about jihad while aboard a United Airlines flight.
The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ordered a lower court judge to reconsider whether David Diaz should pay $22,151.77 in restitution to United as part of a punishment that also included nine months in prison.
-snip-
In Wednesday's 3-0 decision, Circuit Judge Henry Floyd said flight crew interference that violates federal law "criminalizes forcible touching."
But he said that cannot "categorically" be deemed a crime of violence under a Supreme Court precedent requiring that such a crime include force capable of causing physical pain or injury.
As a result, Diaz was not covered by the law mandating restitution, and Trenga should review his ability to pay under the VWPA before imposing restitution, the appeals court said.
-snip-
JULY 26, 2017 / 1:16 PM / 2 HOURS AGO
Interfering with flight crew not always violent crime: U.S. appeals court
Jonathan Stempel
(Reuters) - Interfering with a flight crew is not always a "crime of violence," a federal appeals court ruled on Wednesday in a decision favoring a New York man who rushed the cockpit and shouted about jihad while aboard a United Airlines flight.
The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ordered a lower court judge to reconsider whether David Diaz should pay $22,151.77 in restitution to United as part of a punishment that also included nine months in prison.
-snip-
In Wednesday's 3-0 decision, Circuit Judge Henry Floyd said flight crew interference that violates federal law "criminalizes forcible touching."
But he said that cannot "categorically" be deemed a crime of violence under a Supreme Court precedent requiring that such a crime include force capable of causing physical pain or injury.
As a result, Diaz was not covered by the law mandating restitution, and Trenga should review his ability to pay under the VWPA before imposing restitution, the appeals court said.
-snip-
Read more: http://www.reuters.com/article/us-airlines-crime-idUSKBN1AB2F4