United States Ninth Circuit

Conviction of conspiring to violate export control laws and attempting to export a defense article to the People’s Republic of China, in violation of the Arms Export Control Act (AECA), 22 U.S.C. section 2778, as implemented by the International Traffic in Arms Regulations (ITAR), 22 C.F.R. sections 120-30, is affirmed over claimed violations of defendant's rights under the First, Fifth, and Sixth Amendments, and the Ex Post Facto Clause where: 1) the AECA and its implementing regulations do not violate defendant's First Amendment rights since the AECA is substantially related to the protection of an important governmental interest; 2) the court's instructions to the jury concerning technical data did not violate defendant's Due Process rights because they expressly required the Government to prove that the documents at issue are not in the public domain; 3) the court's instructions to the jury on willfulness did not violate defendant's Sixth Amendment rights because they did not prevent the jury from fully deliberating as to whether defendant acted willfully, as required by the AECA.

Appellate Information

• Decided 06/21/2012
• Published 06/21/2012

Judges

• M. SMITH

Court

• United States Ninth Circuit

Counsel