No. 18-5426

Gabriel Rivero v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-intent criminal-law criminal-procedure due-process export-controls federal-law mens-rea munitions munitions-export smuggling statutory-interpretation
Key Terms:
SocialSecurity Securities
Latest Conference: 2018-09-24
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-07
Waiver of right of respondent United States to respond filed.
2018-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2018)

Attorneys

Gabriel Rivero
Christopher LeGrande ScileppiLaw Offices of Chrstopher L. Scileppi, P.L.L.C, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent