Mark Henry, aka Weida Zheng, aka Scott Russel, aka Bob Wilson, aka Joanna Zhong v. United States
Takings Securities Privacy JusticiabilityDoctri
Whether a 'willful' violation of the Arms Export Control Act requires proof of defendant's awareness of export licensing requirements
QUESTIONS PRESENTED FOR REVIEW 1. Whether a “willful” violation of the Arms Export Control Act (““AECA”), 22 U.S.C. § 2778, requires proof that the defendant was aware of the export licensing requirements provided under the statute and its related regulations, as the Courts of Appeals for the Fifth, Seventh, Ninth, and Eleventh Circuits have held, or whether it is sufficient to establish that the defendant was generally aware that his or her conduct was in violation of some law, as the Courts of Appeals for the First, Second, Third, Fourth, and Sixth Circuits have held. 2. Whether the AECA’s assignment of legislative powers to the executive branch violates the constitutional nondelegation doctrine, and whether Congress is required to provide something more than an “intelligible principle” when it delegates criminal lawmaking functions to the prosecuting branch of government. 3. Whether the personal right to defend in criminal cases encompasses an absolute right to waive the statutory procedural protections provided under the Court Interpreters Act, 28 U.S.C. § 1827. i