Carper
United States v. Carper
Opinion
Opinion
Noonan, J.
Charles Carper (“Carper”) appeals his sentence of three years’ imprisonment for unlawfully exporting PVS-14 Gen 3 night-vision devices (“PVS-Í4 devices”). These devices, designed for military use, enable users to see at greater distances in low light and dark conditions.
We affirm.
BACKGROUND
Exporting PVS-14 devices without a license is prohibited. The Arms Export Control Act (“AECA”), 22 U.S.C. § 2778 , makes criminal the unlicensed export of items on the United States Munitions List, 22 C.F.R. § 121.1 . The Munitions List includes “night sighting equipment” such as PVS-14 devices. See 22 C.F.R. § 121.1 (XII)(c).
Carper exported PVS-14 devices without a license. While he was an enlisted member of the United States Marine Corps, Carper sold a PVS-14 device to a Polish resident and another such device to a Chinese resident. Carper also sold three PVS-14 devices with the understanding and knowledge that the devices were destined for China. Carper did not have a license for the export of any of these devices.
PROCEEDINGS
The second superseding indictment charged Carper with (1) conspiracy to export merchandise in violation of 18 U.S.C. § 554 and 18 U.S.C. § 371 ; (2)…