United States v. Javid Naghani

Sixteen days after September 11, 2001, Javid Naghani, a passenger on Air Canada Flight 792, went to the lavatory shortly after take-off from Los Angeles International Airport and lit a cigarette, setting off a smoke alarm. When flight attendants came to investigate, a verbal confrontation ensued, beginning with Naghani’s initial refusal to admit to smoking or reveal where he had put whatever had caused the smoke and concluding with Na-ghani’s purported threat that either he or his people would “kill all Americans.” Na-ghani, an Iranian national and United States resident alien who speaks with an accent, denied making these remarks or refusing to cooperate. A jury nonetheless convicted him, and the district court sentenced him to 33 months imprisonment for interfering with the duties of flight attendants in violation of 49 U.S.C. § 46504 .

Naghani now appeals on five grounds, arguing that: (1) § 46504 is unconstitutionally void for vagueness as applied to some of his actions; (2) the jury may have relied on an impermissible legal theory in convicting him; (3) there was insufficient evidence to support his conviction; (4) the district court erroneously failed to instruct the jury…