United States v. Herminio Lizarraga-Lizarraga

On December 27,1975, the defendant was arrested at the port of entry on the Arizona-Mexico Border, Nogales, Arizona. Found in the tractor-trailer that the defendant was driving was ammunition proscribed by the regulations promulgated pursuant to 22 U.S.C. § 1934 . The ammunition was found secreted in the door panel of the truck cab, the refrigeration unit in the truck body, and behind the driver’s seat in the truck cab.

At trial and on appeal, the defendant admits that he purchased the ammunition and that he intended to export it to Mexico. His defense is based on the contention that he had no knowledge that his conduct violated the law. Hence, the appellant claims that in order to be found guilty under 22 U.S.C. § 1934 , the government must prove that he intended to violate the statute.

In relevant part, the indictment charges appellant with “wilfully and unlawfully attempting] to export and take out of the United States . . . and into the Republic of Mexico ammunition” in violation of 22 U.S.C. § 1934 . The defendant argues that the “willfully” requirement of § 1934(c) imposes a specific intent limitation upon the statute. The district court did not agree. In…