United States v. Chi Mak

Chi Mak (Mak) appeals his jury conviction of conspiring to violate export control laws and attempting to export a defense article to the People’s Republic of China, in violation of the Arms Export Control Act (AECA), 22 U.S.C. § 2778 , as implemented by the International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-30 . Following his conviction, Mak moved for a new trial, challenging the Government’s failure to timely disclose its intended use of a particular expert witness, and claiming that the AECA is unconstitutionally vague. The district court denied Mak’s motion. Mak now appeals his conviction, claiming violations of his rights under the First, Fifth, and Sixth Amendments, and the Ex Post Facto Clause.

We affirm the district court because: (1) the AECA and its implementing regulations do not violate Mak’s First Amendment rights since the AECA is substantially related to the protection of an important governmental interest; (2) the court’s instructions to the jury concerning technical data did not violate Mak’s Due Process rights because they expressly required the Government to prove that the documents at issue are not in the public domain; (3) the court’s…