United States v. Flavio David Mendoza

GOODWIN, Circuit Judge:

Flavio David Mendoza (“Mendoza”) appeals his conviction under 18 U.S.C. § 32(a)(6). He contends that the district court erred: (1) by denying his motion for acquittal; (2) by allowing the jury to hear undisclosed expert testimony in violation of Federal Rule of Criminal Procedure 16; and (3) by failing to instruct the jury that the government must prove that he knew an aircraft was or could be in flight and would be endangered or that he intended to endanger an aircraft in flight. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On…