U.S.S.G. § 2A5.2
Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle; Unsafe Operation of Unmanned Aircraft
(a) Base Offense Level (Apply the greatest):
(1) 30, if the offense involved intentionally endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility or a mass transportation vehicle;
(2) 18, if the offense involved recklessly endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility or a mass transportation vehicle;
(3) if an assault occurred, the offense level from the most analogous assault guideline, §§2A2.1–2A2.4; or
(4) 9.
(b) Specific Offense Characteristic
(1) If (A) subsection (a)(1) or (a)(2) applies; and (B)(i) a firearm was discharged, increase by 5 levels; (ii) a dangerous weapon was otherwise used, increase by 4 levels; or (iii) a dangerous weapon was brandished or its use was threatened, increase by 3 levels. If the resulting offense level is less than level 24, increase to level 24.
(c) Cross References
(1) If death resulted, apply the most analogous guideline from Chapter Two, Part A, Subpart 1 (Homicide), if the resulting offense level is greater than that determined above.
(2) If the offense involved possession of, or a threat to use (A) a nuclear weapon, nuclear material, or nuclear byproduct material; (B) a chemical weapon; (C) a biological agent, toxin, or delivery system; or (D) a weapon of mass destruction, apply §2M6.1 (Nuclear, Biological, and Chemical Weapons, and Other Weapons of Mass Destruction), if the resulting offense level is greater than that determined above.
Commentary
Statutory Provisions: 18 U.S.C. §§ 39B, 1992(a)(1), (a)(4), (a)(5), (a)(6); 49 U.S.C. §§ 46308, 46503, 46504 (formerly 49 U.S.C. § 1472(c), (j)). For additional statutory provision(s), see Appendix A (Statutory Index).Application Note:
1. Definitions.—For purposes of this guideline:"Biological agent", "chemical weapon", "nuclear byproduct material", "nuclear material", "toxin", and "weapon of mass destruction" have the meaning given those terms in Application Note 1 of the Commentary to §2M6.1 (Nuclear, Biological, and Chemical Weapons, and Other Weapons of Mass Destruction).
"Brandished", "dangerous weapon", "firearm", and "otherwise used" have the meaning given those terms in Application Note 1 of the Commentary to §1B1.1 (Application Instructions).
"Mass transportation" has the meaning given that term in 18 U.S.C. § 1992(d)(7).
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (amendments 97 and 303); November 1, 1993 (amendment 480); November 1, 1995 (amendment 534); November 1, 2002 (amendment 637); November 1, 2007 (amendment 699); November 1, 2023 (amendment 815).
Notes of Decisions
Cited in 18
cases (4 in the last 5 years), 1992–2025 · leading case: United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007).
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “, U.S.S.G. § 2A5.2 (2001) (emphasis added).”
United States v. Adam Gardenhire, 784 F.3d 1277 (9th Cir. 2015). “1, the Probation Office used the most analogous Guideline, which it concluded was U.S.S.G. § 2A5.2, “Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle.”
United States v. Javid Naghani, 361 F.3d 1255 (9th Cir. 2004). “At sentencing on March 18, 2002, the district court applied a base offense level of 18 pursuant to U.S.S.G. § 2A5.2, finding that Naghani had acted “recklessly.”
United States v. Robert Francis Jenny, 7 F.3d 953 (10th Cir. 1993). “U.S.S.G. § 2A5.2 provides different base offense levels for offenses involving interference with a flight crew member.”
United States v. Carolyn Jackson, 862 F.3d 365 (3rd Cir. 2017). “§ 46306 (b)(7) was most analogous to crimes corresponding to U.S.S.G. § 2A5.2, which applies to “Interference with Flight Crew Member of Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle”); United States v.”
United States v. Efrain Hernandez-Rodriguez, 975 F.2d 622 (9th Cir. 1992). “Appellee argues that the departure can be justified by analogy to U.S.S.G. § 2A5.2, “Interference with Flight Crew Member or Flight Attendant,” under which the base offense level is increased by twelve levels if the defendant “intentionally” rather than “recklessly endangered…”
United States v. McENRY, 659 F.3d 893 (9th Cir. 2011). “He appeals from his sentence on the ground that the district court procedurally erred by sentencing him pursuant to U.S.S.G. § 2A5.2, rather than U.S.S.G. § 2B1.”
United States v. Sergio Rodriguez, 790 F.3d 951 (9th Cir. 2015). “The district court found Gardenhire’s intentional conduct in lasing the aircraft showed he had acted recklessly: It applied the reckless endangerment enhancement of U.S.S.G. § 2A5.2(a)(2) to double Garde-nhire’s base offense level.”
United States v. Clarkson, 148 F. App'x 437 (6th Cir. 2005). “Clarkson also argues that the evidence was insufficient to support a finding that he recklessly endangered an aircraft under U.S.S.G. § 2A5.2(a)(2)(A), and that the district court should be instructed to resentence him without any such enhancement.”
United States v. Spellman, 243 F. Supp. 2d 285 (E.D. Pa. 2003). “U.S.S.G. § 2A5.2 (Nov. 1, 2001 ed.). Throughout this memorandum, we quote from the 2001 edition that was in effect during Spellman’s ill-starred flight.”
United States v. Salvador Gutierrez, 128 F.4th 299 (1st Cir. 2025). “480 (amending U.S.S.G. §§ 2A5.2, 2A6.1); see also United States v.”
United States v. Baca, 350 F. Supp. 3d 1164 (D.N.M. 2018). “2(a)(2) provides a 9-level enhancement to a defendant's base offense level for a sentence under U.S.S.G. § 2A5.2"if the offense involved recklessly endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility or a mass transportation vehicle.”
— U.S.S.G. §2A5.2(A)(2) — 1 case
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “, U.S.S.G. § 2A5.2 (2001) (emphasis added).”
— U.S.S.G. §2A5.2(a) — 2 cases
United States v. Efrain Hernandez-Rodriguez, 975 F.2d 622 (9th Cir. 1992). “Appellee argues that the departure can be justified by analogy to U.S.S.G. § 2A5.2, “Interference with Flight Crew Member or Flight Attendant,” under which the base offense level is increased by twelve levels if the defendant “intentionally” rather than “recklessly endangered…”
United States v. Gonzalez (9th Cir. 2007).
— U.S.S.G. §2A5.2(a)(2) — 10 cases
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “, U.S.S.G. § 2A5.2 (2001) (emphasis added).”
United States v. Robert Francis Jenny, 7 F.3d 953 (10th Cir. 1993). “U.S.S.G. § 2A5.2 provides different base offense levels for offenses involving interference with a flight crew member.”
United States v. Adam Gardenhire, 784 F.3d 1277 (9th Cir. 2015). “1, the Probation Office used the most analogous Guideline, which it concluded was U.S.S.G. § 2A5.2, “Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle.”
United States v. Sergio Rodriguez, 790 F.3d 951 (9th Cir. 2015). “The district court found Gardenhire’s intentional conduct in lasing the aircraft showed he had acted recklessly: It applied the reckless endangerment enhancement of U.S.S.G. § 2A5.2(a)(2) to double Garde-nhire’s base offense level.”
United States v. Baca, 350 F. Supp. 3d 1164 (D.N.M. 2018). “2(a)(2) provides a 9-level enhancement to a defendant's base offense level for a sentence under U.S.S.G. § 2A5.2"if the offense involved recklessly endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility or a mass transportation vehicle.”
— U.S.S.G. §2A5.2(a)(2)(2003) — 1 case
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “, U.S.S.G. § 2A5.2 (2001) (emphasis added).”
— U.S.S.G. §2A5.2(a)(2)(A) — 2 cases
United States v. Adam Gardenhire, 784 F.3d 1277 (9th Cir. 2015). “1, the Probation Office used the most analogous Guideline, which it concluded was U.S.S.G. § 2A5.2, “Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle.”
United States v. Clarkson, 148 F. App'x 437 (6th Cir. 2005). “Clarkson also argues that the evidence was insufficient to support a finding that he recklessly endangered an aircraft under U.S.S.G. § 2A5.2(a)(2)(A), and that the district court should be instructed to resentence him without any such enhancement.”
— U.S.S.G. §2A5.2(a)(3) — 2 cases
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “, U.S.S.G. § 2A5.2 (2001) (emphasis added).”
United States v. Gonzalez (9th Cir. 2007).
— U.S.S.G. §2A5.2(a)(4) — 5 cases
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “, U.S.S.G. § 2A5.2 (2001) (emphasis added).”
United States v. Spellman, 243 F. Supp. 2d 285 (E.D. Pa. 2003). “U.S.S.G. § 2A5.2 (Nov. 1, 2001 ed.). Throughout this memorandum, we quote from the 2001 edition that was in effect during Spellman’s ill-starred flight.”
United States v. Baca, 350 F. Supp. 3d 1164 (D.N.M. 2018). “2(a)(2) provides a 9-level enhancement to a defendant's base offense level for a sentence under U.S.S.G. § 2A5.2"if the offense involved recklessly endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility or a mass transportation vehicle.”
USA v. Ellen Reiche (9th Cir. 2022).
United States v. Gonzalez (9th Cir. 2007).
— U.S.S.G. §2A5.2(a)(l) — 1 case
United States v. Sergio Rodriguez, 790 F.3d 951 (9th Cir. 2015). “The district court found Gardenhire’s intentional conduct in lasing the aircraft showed he had acted recklessly: It applied the reckless endangerment enhancement of U.S.S.G. § 2A5.2(a)(2) to double Garde-nhire’s base offense level.”
— U.S.S.G. §2A5.2(b)(1) — 3 cases
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “, U.S.S.G. § 2A5.2 (2001) (emphasis added).”
United States v. Baca, 350 F. Supp. 3d 1164 (D.N.M. 2018). “2(a)(2) provides a 9-level enhancement to a defendant's base offense level for a sentence under U.S.S.G. § 2A5.2"if the offense involved recklessly endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility or a mass transportation vehicle.”
United States v. Gonzalez (9th Cir. 2007).
— U.S.S.G. §2A5.2(b)(1)(B)(ii) — 1 case
United States v. Baca, 350 F. Supp. 3d 1164 (D.N.M. 2018). “2(a)(2) provides a 9-level enhancement to a defendant's base offense level for a sentence under U.S.S.G. § 2A5.2"if the offense involved recklessly endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility or a mass transportation vehicle.”
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