"shall be fined under this title, imprisoned not more than 20 years, or both."
* A base level of 14 for an obstruction of justice charge (§2J1.2)
* -2 for acceptance of responsibility (§3E1.1)
Assuming no previous criminal history, that's a guideline sentence of 10-16 months. If he can get it down one more point to a level 11 sentence, that's a Zone B sentence and can be entirely served on probation.
The DoJ press release is at https://www.justice.gov/usao-cdca/pr/santa-barbara-county-ma..., but the plea agreement isn't available (yet), which would indicate if they've agreed on an offence level and any adjustments.
EDIT: Found the plea agreement; see comment in thread
https://www.popehat.com/2013/02/05/crime-whale-sushi-sentenc...
When news articles mention the maximum, especially in headlines, it feels a bit misleading. It seems there's a decent chance there is little or no prison.
See also: Blackstone's formulation: https://en.wikipedia.org/w/index.php?title=Blackstone%27s_fo...
Note, however, that even if an agreement was reached that such an agreement is an agreement on what to present to the court; the court may not be bound, in accepting the plea agreement, to accept, in sentencing, the recommended offense level, or the recommend adjustments, or even to stick to the guidelines, depending on the exact form of the agreement.
[EDIT: Revised based on a correction in the response comment].
The original version had some silly BS "I'm so brave for posting this video always wear a parachute (even though I don't in any other video)" text at the beginning and a ridge wallet sponsorship.
https://www.popehat.com/2013/02/05/crime-whale-sushi-sentenc...
https://www.latimes.com/local/lanow/la-me-ln-sushi-chef-whal...
Agreed to (page 10):
* Base level of 14 for obstruction of justice
* +2 for the extensive planning enhancement (b)(3)(B)/(C)
No agreement w.r.t:
* Criminal history (which I believe is fairly standard)
* +2 for aggravated role - §3B1.1(c).
* Going outside the guidelines
~ I'm surprised there's no acceptance of responsibility reduction reserved by the defendant; feels like the DoJ were pressing reasonably hard on this one (tbf, seems entirely reasonable given the conduct here) ~ Correction: this is agreed on p. 2/3
If the court sentences to 18-24 months (p. 12), both parties have waived right to appeal. (And aligns with the minimum level of 15 on p. 3)
https://storage.courtlistener.com/recap/gov.uscourts.cacd.85...
It's fun when you pissed someone with authority off and get on the sh!t list and the local guard kicks an inmate out of their bed and puts them on a floor (they call it a boat but it's just being on the floor) and gives you the bed (the guards can't get violent with you, but they know how to get someone else to). Not every inmate is going to beat you up, but when you are moved from place to place during the month or more transport takes one of the guys who get's kicked out to make room for you is guaranteed to fight over it.
The one you don't think of is that they won't unshackle you to use the bathroom (especially on con-air) so half the guy's backsides are covered in their own excrement because you need your hands to wipe. Good times, good times.
https://www.youtube.com/watch?v=Dghy-yyUMHo
https://www.youtube.com/watch?v=YD6m-gVKoYw
https://www.youtube.com/watch?v=AEsXJB8IOzQ
https://www.youtube.com/watch?v=4EZ3Uom7tFo
"National parks focus on protecting natural and historic resources "unimpaired for future generations." Park rangers work for the National Park Service (NPS) under the Department of Interior.
National forests, on the other hand, emphasize not only resource preservation, but other kinds of use as well."
At the time, I had just finished sending in an appeal to being denied a medical clearance to become a pilot because of a history of clinical depression.
That appeal required undergoing a battery of tests, a psychological evaluation, multiple meetings with a therapist and a report from the same, and 15 hours of flight instruction plus a report of my performance by the flight instructors.
I intended to be professional. Everyone thought I was safe to fly.
I nevertheless thought the FAA would deny my appeal. I was right. [1]
So because I once had clinical depression, I can't get a medical. And yet, yahoos like this get to fly simply because stupidity and malice isn't as well-documented as a history of mental illness. Sigh...
To be clear, I don't think the FAA is at fault here; they didn't know, and they acted fast once he did it. They did a great job.
I just wish they would let me fly.
[1]: https://gavinhoward.com/2022/09/grounded-for-life-losing-the...
https://gavinhoward.com/2020/10/the-next-great-project-zion/
(This one jumped out to me in particular.) https://gavinhoward.com/2022/08/the-nature-of-heaven-what-i-...
https://gavinhoward.com/2021/07/the-next-free-nation/ https://gavinhoward.com/2021/06/israel-is-not-an-apartheid-s... https://gavinhoward.com/2020/07/political-slavery/
These posts you've been making might have more of an influence on your application than your medical history, bro.
edit:
In this post: https://gavinhoward.com/2021/07/the-next-free-nation/
You stated ..."So the United States must die.
But what will rise in its place will be even greater: Zion."
Bro, I would NOT want you flying my plane after reading that.
The point of these outrageous videos is to get attention and promote a brand. Does it really work on their target market: jaded young adults?
Also, I can't tell if any of these videos are real anymore. I don't care because the novelty, the shock, the wow factor wore off years ago.
So someone jumped out of a crashing plane. Whatever. Could be fake. Could be real. Definitely not interesting anymore.
The Thomas fire [0] was only 5 years ago. It burned 100k+ acres, killed two people and indirectly killed 20 more, and cost "$2.2B USD" to deal with.
Southern California is not the place to drop planes out of the sky for lulz or money.
The stuff about mental health starts about half way through, the first half is recounting the incident.
https://www.fbi.gov/investigate/terrorism#:~:text=Internatio....
International terrorism: Violent, criminal acts committed by individuals and/or groups who are inspired by, or associated with, designated foreign terrorist organizations or nations (state-sponsored).
Domestic terrorism: Violent, criminal acts committed by individuals and/or groups to further ideological goals stemming from domestic influences, such as those of a political, religious, social, racial, or environmental nature.
You can't just call anything terrorism from a legal standpoint, though many try.
https://www.planeandpilotmag.com/article/on-video-guy-ditche...
For what it's worth, this one was:
1. Find the DoJ press release (I think this was just Google search for a few keywords)
2. Accidentally notice that the press release said that the plea agreement had been filed in court
3. Open the court's PACER instance, and search for the defendant's name
4. Open the docket for the case, and download the plea agreement
5. Skim through (ignoring the factual background since I was looking for the sentencing information)
- Claiming always used a parachute, while having multiple prior flight videos in his channel wearing no parachute.
- Buying the airplane from the previous owner and saying then to previous owner, he "planned to do something big" with the airplane.
34°48'53.6"N 119°57'40.4"W is the exact airplane crash location: - https://www.google.com/maps/place/34%C2%B048'53.6%22N+119%C2...
https://generalaviationnews.com/2015/03/16/misplaced-fuel-se...
https://www.boldmethod.com/learn-to-fly/systems/dont-cause-y...
https://en.wikipedia.org/wiki/2012_Boeing_727_crash_experime...
Or you could waste the opportunity and throw the dude in jail, almost ensuring he's never a productive member of society again. That's the norm in the "land of the free"[1]
[1] https://worldpopulationreview.com/country-rankings/incarcera...
> Rain is extremely rare in the summer, and dry lightning from the occasional thunderstorms can start fires.
https://lpfw.org/san-rafael-wilderness-50-years-of-preservin...
> Wildfire frequency is an increasing concern in the San Rafael Wilderness. Over the past fifty years, three wildfires have together burned nearly the entire wilderness area, beginning with the 1966 Wellman Fire, the 1993 Marre Fire, the 2007 Zaca Fire, and the 2009 La Brea Fire. Overly-frequent fire in chaparral can permanently alter the ecosystem, depleting the seed bank and making it prone to invasions of non-native weeds.
> Small-airplane fires have killed at least 600 people since 1993, burning them alive or suffocating them after crashes and hard landings that the passengers and pilots had initially survived, a USA TODAY investigation shows. The victims who died from fatal burns or smoke inhalation often had few if any broken bones or other injuries, according to hundreds of autopsy reports obtained by USA TODAY.
> Fires have erupted after incidents as minor as an airplane veering off a runway and into brush or hitting a chain-link fence, government records show. The impact ruptures fuel tanks or fuel lines, or both, causing leaks and airplane-engulfing blazes.
> Fires also contributed to the death of at least 308 more people who suffered burns or smoke inhalation as well as traumatic injuries, USA TODAY found. And the fires seriously burned at least 309 people who survived, often with permanent scars after painful surgery.
And while that is about dangers for an occupant it should be noted that a fire from a small airplane crash is not a rare occurrence.
---
https://www.aopa.org/training-and-safety/students/flighttest...
> Aircraft fires often occur following forced landings, and the result is often more dangerous than the forced landing itself. The sad truth is that most light aircraft fuel systems are not designed to withstand crash impacts, and they often fail during a forced landing. Spilled fuel and hot crash components often result in a fuel-fed inferno.
Note the word often there.
> On May 22, 2021 Student Pilot Brian Parsley was completed his solo long cross country flight. Approximately 12 miles from airport started experiencing rough engine. Assuming it was "carb ice" took appropriate measures. The camera was started after it cleared to show instructor should it happen again. Shortly after communicating to ATC the video picks up. The aircraft ran out of fuel and this was 100% my responsibility at the end of the day. I did do my flight plan, checked fuel, and all necessary checks prior to leaving. It's also worth noting I've flown the same route with my instructor. So using this assumption and the fact I did my flight planning correctly I flew. This was the wrong decision and the biggest takeaway for me. I will get fuel going forward every time I land regardless of what gages state or distance. That mistake could've cost a life. This was more than just a "near death" experience. It was an incredible learning opportunity for others as well.
https://hn.algolia.com/?dateRange=all&page=0&prefix=false&so...
There is: the CEO. This is the person put in charge to run the business against their principles [0]. This is the charter, set by the business, in how it should be run.
When the company fails to execute and people die because of these failures this is a systemic problem that is rooted within the control of a CEO. Nothing major happens in aviation without a lot of checks and balances. Boeing settled because the CEO lied. He should have gone to jail. Instead he was allowed to pay no social penalty and is making money and avoiding taxes [1].
Dennis Muilenburg killed people. He had the position to stop it. Yet he chose profits over the value of others lives. Dennis Muilenburg should be spending the remainder of his life behind bars or subject to fly in a 737 Max with the flawed MCAS that he said was safe for the rest of his life for any and all air travel.
[0] https://www.boeing.com/principles/values.page [1] https://www.seattletimes.com/business/boeing-aerospace/forme...
https://i.dailymail.co.uk/1s/2022/04/21/14/56879553-10739213...
...several days after the killing (per the testimony of an officer)[0]. reading books about homicide investigation is not illegal, and certainly not suspicious enough to convict beyond a reasonable doubt.
I believe a more charismatic person could have talked his way out of it. At the very least the first impression wouldn't have been "eccentric unsympathetic computer guy, russian mail-order bride, he probably did it".
