Culliton

Culliton v. Blakey

Good Law
245 F. App'x 659
United States Court of Appeals for the Ninth CircuitAugust 21, 2007No. 05-76833California394 words

Opinion

Lead Opinion

MEMORANDUM **

James M. Culliton petitions pro se for review of a decision of the National Transportation Safety Board (“NTSB”) affirming an order of the Federal Aviation Administration (“FAA”) revoking Culliton’s airman certificates because he was convicted of making false statements on an application for a FAA airman medical certificate. We have jurisdiction pursuant to 49 U.S.C. § 1153 . We review for abuse of discretion NTSB decisions concerning sanctions, and review de novo purely legal questions. Kolek v. Engen, 869 F.2d 1281, 1284-85 (9th Cir.1989). We deny the petition for review.

Culliton had been criminally convicted of knowingly providing false statements to the FAA, and the NTSB properly precluded Culliton from relitigating his guilt in administrative proceedings to revoke his airman certificates. See Frankfort Digital Servs., Ltd. v. Kistler, All F.3d 1117, 1122 (9th Cir.2007) (“Issue preclusion bars relitigation of issues adjudicated in an earlier proceeding if ... (1) the issue necessarily decided at the previous proceeding is identical to the one which is sought to be relitigated; (2) the first proceeding ended with a final judgment on the merits; and (3) the…

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