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132728P.pdf   06/27/2014  United States  v.  Michael Smith
   U.S. Court of Appeals Case No:  13-2728
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Chief Judge Riley, Author, with Beam and Shepherd, Circuit 
   Judges.] 
   Criminal Case - conviction. In a case of first impression interpreting 18 
   U.S.C. sec. 39A(a), which imposes criminal liability on anyone who 
   "knowingly aims the beam of a laser pointer at an aircraft . . . or at the 
   flight path of such an aircraft," district court did not err in 
   recognizing "knowingly" modifies both the aim and the aircraft element and 
   that the "knowingly aim[ed]" does not require an offender to intend the 
   beam to strike the aircraft of flight path in question. Thus, the district 
   court did not err in excluding the expert's irrelevant testimony regarding 
   atmospheric conditions or in rejecting Smith's proposed theory-of-defense 
   jury instruction.