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Arizona man vaping marijuana on flight to Iowa sentenced to 2 years’ probation
Judge cites man’s traumatic brain injury, mental issues from military as mitigating circumstances

Dec. 2, 2021 6:21 pm, Updated: Dec. 2, 2021 6:39 pm
CEDAR RAPIDS — A federal judge Thursday sentenced an Arizona man — who was vaping THC oil, a marijuana concentrate, on a plane en route to Cedar Rapids in 2018 and became combative with a flight attendant — to two years’ probation.
John Russell Lindley, 33, of Glendale, pleaded in U.S. District Court in Cedar Rapids to one count of unlawful possession of marijuana and was immediately sentenced.
The other charges Lindley faced — unlawful possession of methamphetamine and cocaine and making a false statement or representation — were dismissed as part of a plea agreement.
The prosecution and defense both recommended the two years of probation. The maximum sentencing guideline was up to one year in prison.
Assistant U.S. Attorney Tony Morfitt said Lindley’s behavior on the plane — not obeying the flight crew — was concerning, in light of this kind of behavior being more of an issue today than it was in 2018.
He also pointed out Lindley had marijuana, cocaine and meth in his possession on the plane and has some history of substance abuse, but it’s limited to two public intoxication charges in Polk County and one drunken driving charge while he was in the military.
U.S. District Judge C.J. Williams also cited Lindley’s military service, which resulted in a traumatic brain injury and post-traumatic stress disorder, as mitigating circumstances.
Lindley probably wouldn’t be in court if not for his brain injuries and mental health issues, the judge said.
Williams noted Lindley already waived his right to appeal, except under limited circumstances, as part of the plea agreement.
An indictment stated Lindley, in his seat on the plane flying from Arizona to Cedar Rapids, initially started vaping the THC oil Dec. 15, 2018, and later set off the restroom smoke detector.
A flight attendant responded to the alarm and started knocking “forcefully” on the door. Lindley wouldn't open the door, but the flight attendant unlocked it from the outside.
The attendant saw smoke and smelled marijuana when the door opened, and Lindley was told to return to his seat, according to the indictment. When the attendant asked Lindley for identification, he became combative.
When the Allegiant flight landed in Cedar Rapids, all passengers were told to remain seated. But Lindley didn't follow instructions. He stood up and started taking out his items from the overheard bin. The flight attendant asked Lindley to sit down.
Lindley's actions on the plane “intimidated a flight crew member and attendant,” which interfered with their ability to carry out their duties, according to the indictment.
Authorities also discovered Lindley had a vial that contained methamphetamine and cocaine in his checked bag.
The indictment stated Lindley provided false statements to the FBI, stating that he had a medical marijuana card in Arizona that authorized him to lawfully smoke marijuana for his health condition. Agents said that wasn’t the case.
Comments: (319) 398-8318; trish.mehaffey@thegazette.com
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