Paul R. Davids v. Federal Aviation Administration

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul R. DAVIDS, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. No. 93-70009. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1993. * Decided Sept. 13, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Paul R. Davids petitions for review of the National Transportation Safety Board's ("NTSB") order upholding the Federal Aviation Administration's ("FAA") order revoking his commercial pilot's certificate pursuant to section 609(c) of the Federal Aviation Act, 49 U.S.C. App. Sec. 1429(c), based on Davids's narcotics conviction. Davids contends the FAA's revocation of his pilot's certificate violated the Double Jeopardy Clause of the Fifth Amendment. We have jurisdiction to review the NTSB's order. 49 U.S.C. Sec. 1486 (a). We uphold an agency's decision unless it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5…