No. 18-7471

Mark Henry, aka Weida Zheng, aka Scott Russel, aka Bob Wilson, aka Joanna Zhong v. United States

Lower Court: Second Circuit
Docketed: 2019-01-17
Status: Denied
Type: IFP
IFP
Tags: arms-export-control-act court-interpreters-act criminal-procedure mens-rea nondelegation-doctrine separation-of-powers statutory-interpretation
Key Terms:
Takings Securities Privacy JusticiabilityDoctri
Latest Conference: 2019-05-16
Question Presented (from Petition)

1. Whether a "willful" violation of the Arms Export Control Act (""AECA"),
22 U.S.C. § 2778, requires proof that the defendant was aware of the export
licensing requirements provided under the statute and its related regulations, as
the Courts of Appeals for the Fifth, Seventh, Ninth, and Eleventh Circuits have
held, or whether it is sufficient to establish that the defendant was generally aware
that his or her conduct was in violation of some law, as the Courts of Appeals for the
First, Second, Third, Fourth, and Sixth Circuits have held.

2. Whether the AECA's assignment of legislative powers to the executive
branch violates the constitutional nondelegation doctrine, and whether Congress is
required to provide something more than an "intelligible principle" when it
delegates criminal lawmaking functions to the prosecuting branch of government.

3. Whether the personal right to defend in criminal cases encompasses an
absolute right to waive the statutory procedural protections provided under the
Court Interpreters Act, 28 U.S.C. § 1827.

Question Presented (AI Summary)

Whether a 'willful' violation of the Arms Export Control Act requires proof of defendant's awareness of export licensing requirements

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-30
Reply of petitioner Mark Henry filed.
2019-04-17
Brief of respondent United States of America in opposition filed.
2019-03-07
Motion to extend the time to file a response is granted and the time is further extended to and including April 19, 2019.
2019-03-06
Motion to extend the time to file a response from March 21, 2019 to April 19, 2019, submitted to The Clerk.
2019-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019.
2019-02-13
Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
2019-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2019)

Attorneys

Mark Henry
Lucas Arment AndersonRothman. Schneider, Soloway & Stern, LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent