Once I pointed the ostie gun straight up, and still couldn't target a con above me. I rotated the gun 360 twice (joystick in bottom corner), and my crosshairs made perfect circles around the jabo diving straight down on me.
The only way that could happen is if either the ostie's gun doesn't go straight up, or the guy happened to be moving perfectly to avoid my gun. It didn't seem to me that he was changing his course.