U.S. Court of Appeals for the Sixth Circuit
United States v. Sean Fitzgerald
Panel
The judges who heard this appeal.
- Senior Judge Alice Moore Batchelder
- Senior Judge David William McKeague
- Judge Richard Allen Griffin
Case history
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Oct. 15, 2018decided Decision issued in United States v. Sean Fitzgerald
Opinions and writings
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0229p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ┐ Plaintiff-Appellee, │ │…
McKEAGUE, Circuit Judge. On August 25, 2016, Talon Air pilot Sean Fitzgerald showed up rip-roaring drunk to the Traverse City, Michigan, airport. Fitzgerald was set to fly that morning, so he went about readying a jet for take-off. He conducted a walk-around safety check before entering the cockpit, where he calibrated the altimeter, programmed the flight-management system, turned on the auxiliary power unit, and req…
GRIFFIN, Circuit Judge, dissenting. In my view, Fitzgerald's preparatory actions amounted to merely an attempt to operate the air common carrier. Because Congress failed to include an attempt provision in 18 U.S.C. § 342, I would hold that as a matter of law Fitzgerald did not "operate" the air common carrier. I t…