United States v. Benjamin Harris

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 11-50503 Plaintiff-Appellee, D.C. No. v. 2:11-cr-00414-

SJO-

BENJAMIN HARRIS,

Defendant-Appellant. ORDER AND

AMENDED OPINION

Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding

Submitted November 6, 2012* Pasadena, California

Filed December 5, 2012 Amended January 14, 2013

Before: Susan P. Graber, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges.

Order; Opinion by Judge Graber

* The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). UNITED STATES V . HARRIS

SUMMARY**

Criminal Law

Affirming a conviction, the panel held that 49 U.S.C. § 46505, which prohibits carrying a “concealed dangerous weapon” on aircraft, is not unconstitutionally vague as applied to an airport employee who sneaks a pocketknife with a blade that is almost two-and-a-half inches long past a security checkpoint and then gives it to a passenger who takes it aboard an…