MIAMI, FL – The U.S. Court of Appeals for the Eleventh Circuit has upheld the conviction of former Immigration and Customs Enforcement (ICE) agent Billy Olvera for interfering with a flight crew member in violation of 49 U.S.C. § 46504.
According to court records, the incident occurred on November 6, 2023, aboard American Airlines Flight 232 from Dallas-Fort Worth to Miami International Airport. During the flight, Olvera, who was armed and escorting a detainee, was accused of secretly recording a flight attendant, identified as A.G., with his cellphone as she worked in the aircraft aisle. Video evidence presented at trial showed Olvera holding his phone near his thigh and angling it upward to record the attendant as she passed by.
A.G. testified that the conduct left her feeling violated and unable to perform her duties. The captain instructed her to cease working for the remainder of the flight, and law enforcement officers met the plane upon arrival in Miami. A search of Olvera’s phones revealed 23 photos and 20 videos of the flight attendant.
On appeal, Olvera argued that the district court erred in instructing the jury that prosecutors did not need to prove he intended to intimidate the attendant, and in denying his motion for acquittal. The Eleventh Circuit rejected both arguments, citing its precedent in United States v. Grossman (1997), which held that the statute is a general intent crime, not requiring proof of specific intent to intimidate.
The court found sufficient evidence that Olvera knowingly engaged in conduct that intimidated the flight attendant and interfered with her duties. His two-year probation sentence was upheld.
