United States Ninth Circuit

Defendant's conviction for violations of the Arms Export Control Act of 1976, the Espionage Act of 1917, and related provisions, is affirmed, where: 1) defendant cannot invoke the McNabb-Mallory rule, which generally renders inadmissible confessions made during periods of detention that violate the prompt presentment requirement of Fed. R. Crim. P. 5(a), because he was not, during the period in question, either formally arrested or in “other detention” within the meaning of 18 U.S.C. section 3501; and 2) there was no error in the district court's jury instructions on the government's burden with respect to information in the public domain and basic marketing information.

Appellate Information

• Decided 07/28/2014
• Published 07/28/2014

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel