U.S.S.G. § 2A5.1
Aircraft Piracy or Attempted Aircraft Piracy
(a) Base Offense Level: 38
(b) Specific Offense Characteristic
(1) If death resulted, increase by 5 levels.
Commentary
Statutory Provisions: 49 U.S.C. § 46502(a), (b) (formerly 49 U.S.C. § 1472 (i), (n)). For additional statutory provision(s), see Appendix A (Statutory Index). Background: This section covers aircraft piracy both within the special aircraft jurisdiction of the United States, 49 U.S.C. § 46502(a), and aircraft piracy outside that jurisdiction when the defendant is later found in the United States, 49 U.S.C. § 46502(b). Seizure of control of an aircraft may be by force or violence, or threat of force or violence, or by any other form of intimidation. The presence of a weapon is assumed in the base offense level.Historical Note: Effective November 1, 1987. Amended effective November 1, 1995 (amendment 534).
Notes of Decisions
Cited in 5
cases, 1992–2007 · leading case: United States v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004).
United States v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004). “_ Aircraft hijacker U.S.S.G. § 2A5.1 Base Offense Level 293 Months _38_ Terrorist who detonates a bomb in a public place Total Level 36 (by 235 Months intending to kill a bystander U.”
United States v. Michael Walker, 473 F.3d 71 (3rd Cir. 2007). “Assuming that Walker’s hypothetical violent criminals had no prior adult criminal convictions, his airline hijacker would have a total offense level of 38, a criminal history category of I, and an advisory Guidelines sentencing range of 235-293 months pursuant to U.S.S.G. §…”
United States v. Darlene Faye Mogel, 956 F.2d 1555 (11th Cir. 1992). “, U.S.S.G. § 2A5.1 (base offense level for aircraft piracy is 38; increase by 5 levels if death resulted).”
United States v. Auburn Calloway, 116 F.3d 1129 (6th Cir. 1997). “And the extent of the victimization was extreme, for all three crew members suffered serious physical injuries — a ground for departure expressly contemplated by U.”
United States v. Walker (3rd Cir. 2007). “Assuming that Walker’s hypothetical violent criminals had no prior adult criminal convictions, his airline hijacker would have a total offense level of 38, a criminal history category of I, and an advisory Guidelines sentencing range of 235-293 months pursuant to U.S.S.G. §…”
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