He was stabbed in his right arm and had a dislocated jaw. According to Mr. Calloway, the district court made two fundamental mistakes in instructing the jury. He was also partially blinded in one eye as a result of Mr. Calloway's attempt to gouge the eye out. 2301, 110 L.Ed.2d 112 (1990)). We disagree. Please try again. : “Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.” We “cannot correct an error pursuant to Rule 52(b) unless the error is clear under current law.” United States v. Olano, 507 U.S. 725, 734, 113 S.Ct.
Illinois v. Gates, 462 U.S. 213, 230-31, 103 S.Ct. The issue is an open one in our circuit, as we believe it is in every circuit except the Ninth and the Eleventh.
He planned to crash the aircraft hoping that he would appear to be an employee killed in an accident. denied, 495 U.S. 918, 110 S.Ct. Koon v. United States, 518 U.S. 81, ----, 116 S.Ct. His résumé suggested a healthy, well-balanced employee—he was a graduate of Stanford University, a … If we had to decide the issue-which, for reasons to be explained shortly, we do not-we should be inclined to hold that the offense of attempted aircraft piracy requires proof of a specific intent to complete the acts constituting aircraft piracy.Mr. All rights reserved.Stay up-to-date with FindLaw's newsletter for legal professionalsStay up-to-date with FindLaw's newsletter for legal professionals (The company's headquarters are in Memphis, and Mr. Calloway was a resident of that city.)
)We shall assume for purposes of analysis that the instruction did not require the jury to find specific intent. The general rule, however, is that attempt crimes require proof of a specific intent to complete the acts constituting the substantive offense. As noted above, the only two circuits to have confronted the issue before now both have rejected a specific intent requirement. He sought to let his family collect on a $2.5 million During his trial, Calloway claimed that he had been mentally ill, but was unsuccessful. at 736, 113 S.Ct. Our court has applied the following factors, none of which is determinative, to assess the “immediately apparent” standard: (1) the nexus between the seized object and the items particularized in the warrant; (2) whether the intrinsic nature or appearance of the seized object gives probable cause to associate it with criminal activity; and (3) whether probable cause is the direct result of the executing officer's instantaneous sensory perceptions. With the crew incapacitated, Mr. Calloway would have been in control regardless of how he expected to use such control. Cf. United States v. Dotson, 49 F.3d 227, 229-30 (6th Cir. The note listing weapons was clearly incriminating, for the FBI then knew what weapons were used in the attack. See Johnson v. United States, 520 U.S. 461, ----, 117 S.Ct.
§ 6.2(c). This site is protected by reCAPTCHA and the Google Begin typing to search, use arrow keys to navigate, use enter to selectCopyright © 2020, Thomson Reuters. denied, 464 U.S. 856, 104 S.Ct. Mr. Calloway raised neither of these points at trial, so we may not reverse the conviction absent plain error or defects affecting the defendant's substantial rights. 174, 78 L.Ed.2d 157 (1983). 1770, 1777, 123 L.Ed.2d 508 (1993). Also in the airplane was 42-year-old FedEx flight engineer Auburn Calloway, an alumnus of Stanford University and a former Navy pilot and martial arts expert, who was facing possible dismissal over falsifying of flight hours. Co-pilot Tucker suffered severe skull fractures, and he developed motor control problems in his right arm and right leg. FedEx incurred over $800,000 in property damage as a result of Mr. Calloway's crime-another expressly approved ground for departure. Calloway left the cockpit and retrieved his spear gun. The magistrate judge thus had highly pertinent information from a named informant, and the finding of probable cause was not erroneous. An error cannot be plain where every court to have considered the matter has found it not to be an error at all.Our authority under Rule 52(b) is discretionary, moreover. See U.S.S.G. Mr. Calloway did harm multiple victims, and it is not nearly so obvious to us as it is to Mr. Calloway that the aircraft piracy guideline (U.S.S.G. The seizure was justified, in our opinion, by the plain view exception to the warrant requirement.
Id. A paramedic then entered the aircraft and handcuffed Calloway. Calloway worked as a flight engineer for Federal Express. ), cert. § 2A5.1) contemplates multiple victims. The government is not required to prove all of the alternative ways in which the offense may be committed ․ but need prove only one of them beyond a reasonable doubt.” (Emphasis supplied.)Mr. Mr. Calloway next argues that the district court failed to instruct the jury on one of the elements of attempted aircraft piracy, the jury not having been told that the offense requires proof of specific intent to commit aircraft piracy. 1305, 94 L.Ed.2d 160 (1987). The guideline range for offense level 38, absent any significant prior criminal history (and Mr. Calloway had none), is imprisonment for 235-293 months.
The warrant authorized seizure of “[d]ocuments listing names of Federal Express crew members, notes concerning Federal Express Flight 705, [and] records pertaining to insurance beneficiary transfers.” Several documents not described in the warrant were seized and introduced at trial: (1) a note listing weapons; (2) two bank receipts; (3) Mr. Calloway's will; and (4) a power of attorney. at 1778. United States v. Beal, 810 F.2d 574, 576-77 (6th Cir.1987).In light of these criteria, we believe that the incriminating character of the documents seized in Mr. Calloway's apartment was immediately apparent. United States v. Dixon, 592 F.2d 329, 339-40 (6th Cir.
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