Summary
holding that an airline was engaged in air transportation under 49 U.S.C. § 1301 where the airline "was properly engaged in the transportation of United States mails on some routes"
Summary of this case from U.S. v. GarrettOpinion
No. 72-3113.
February 13, 1973.
Kenneth L. Collins, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.
William D. Keller, U.S. Atty., Terry W. Bird, Eric A. Nobles, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.
Appeal from the United States District Court for the Central District of California.
Before CHAMBERS, KOELSCH and KILKENNY, Circuit Judges.
The judgment of conviction in this case for attempting to board an aircraft of Pacific Southwest Airlines with a concealed weapon is affirmed.
Defendant contends the Pacific Southwest Airlines (PSA) was not engaged in "air transportation." See 49 U.S.C. § 1301(10).
Inasmuch as PSA, although not certificated by the Civil Aeronautics Board, was properly engaged in the transportation of United States mails on some routes, we hold that 49 U.S.C. § 1472(1) was violated by Delacerda.