Chung

United States v. Chung

Good Law
659 F.3d 815·2011 WL 4436271·2011 U.S. App. LEXIS 19608
United States Court of Appeals for the Ninth CircuitSeptember 26, 201110-50074California8,972 words

Opinion

Opinion

Graber, J.

Defendant Dongfan “Greg” Chung, a former Boeing engineer who gave technological information to China, appeals his convictions on six counts of violating the Economic Espionage Act of 1996 (“EEA”), 18 U.S.C. § 1831 (a)(1), (3); on one count of conspiring to violate the EEA, 18 U.S.C. § 371 ; on one count of acting as an unregistered foreign agent, 18 U.S.C. § 951 ; and on one count of making a false statement to federal agents, 18 U.S.C. § 1001 . Defendant argues primarily that his convictions were not supported by sufficient evidence.

Alternatively, Defendant contends that he is entitled to a new trial because the government failed to turn over exculpatory information in violation of its duty under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and because the district court made several erroneous evidentiary rulings. Finally, he challenges the district court’s calculation of his offense level under the United States Sentencing Guidelines.

For the reasons that follow, we affirm.

BACKGROUND

A. Investigation and Conviction

Defendant was born in China in 1936 and became a naturalized citizen of the United States in 1972. He began working as a…

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