United States v. Noshir Gowadia
Opinion
Opinion
McKEOWN, J.
Noshir Gowadia appeals his conviction for violations of the Arms Export Control Act of 1976 [“AECA”], the Espionage Act of 1917, and related provisions on charges that he unlawfully exported defense services and technical data related to the design of the B-2 stealth bomber and other classified government projects to the People’s Republic of China, and that he disclosed related classified information to persons in Switzerland, Israel, and Germany. See 22 U.S.C. § 2778 ; 18 U.S.C. §§ 793 (e), 794(a).
At issue is Gowadia’s claim that his right to prompt presentment before a magistrate judge was triggered before he was actually arrested, and that the inculpatory statements he made to federal agents investigating his activities should have been suppressed. Gowadia also challenges the jury instructions as unconstitutional on the ground that the government was wrongly relieved of its burden to prove that the information Gowadia exported was not in the public domain and was not “basic marketing information” exempted from the definition of “technical data” under the AECA. Because these arguments fail as a matter of law, we affirm Gowadia’s conviction.