United States v. Robert Darnell Henderson

Henderson appeals from his convictions for interference with a flight crew, a violation of 49 U.S.C. § 1472 (j), and assault aboard an aircraft, a violation of 18 U.S.C. § 113 . We note jurisdiction under 28 U.S.C. § 1291 . Henderson contends that there was insufficient evidence to support the district court’s finding that his conduct aboard the airplane was caused by his voluntary consumption of alcohol. We agree, and reverse the conviction.

Factual Background

On April 8, 1980, Henderson left Charleston, West Virginia en route for Los Ange-les, California. He was driven to the Charleston airport by his mother at whose house he had been staying. Henderson’s mother testified that her son seemed tense, nervous, and highly upset before he left Charleston.

While in the Charleston airport, Henderson had two or three beers. Henderson’s flight from Charleston terminated in Pittsburgh, Pennsylvania. He then boarded a Trans World Airline non-stop flight to Los Angeles.

Henderson was seated in the coach section of the plane. The stewardess who observed Henderson when he boarded testified that he did not appear intoxicated. Nevertheless, she testified that he was acting strangely,…