United States v. Baca

James O. Browning, United States District Judge

THIS MATTER comes before the Court on the Defendant's Objections to the Presentence Investigation Report, filed August 6, 2018 (Doc. 30)("Objections"). The primary issues are: (i) whether the Defendant Nicholas Baca "recklessly endanger[ed] the safety of the aircraft," warranting a base offense level of 18 under U.S.S.G. § 2A5.2(a)(2), see Presentence Investigation Report ¶ 8, at 4, filed July 26, 2018 (Doc. 28)("PSR"), when Baca intentionally pointed a laser pointer at a police helicopter, temporarily blinding the pilot, but there is no evidence…