Gabriel Rivero v. United States
SocialSecurity Securities
Whether the Government may obtain a conviction for smuggling goods from the United States in violation of 18 U.S.C. § 554 charged in conjunction with 22 U.S.C. § 2778 without first proving that the defendant knew he was dealing with ammunition intended for export
QUESTION PRESENTED This case involves the mens rea required to convict a defendant of smuggling goods from the United States when charged in connection with exporting munitions without a license. In the decision under review, the court of appeals held that the Government is not required to prove that a defendant had knowledge he was dealing with ammunition or had a specific intent to violate 22 U.S.C. § 2778. The question presented for review is: Whether the Government may obtain a conviction for smuggling goods from the United States in violation of 18 U.S.C. § 554 charged in conjunction with 22 U.S.C. § 2778 without first proving that the defendant knew he was dealing with ammunition intended for export. 1