United States v. Gowadia

Defendant appealed his conviction for charges that he unlawfully exported defense services and technical data related to the design of the B-2 stealth bomber and other classified government projects to the People's Republic of China, and that he disclosed related classified information to persons in Switzerland, Israel, and Germany. The court rejected defendant's claim that the right to prompt presentment before a magistrate judge was triggered before he was actually arrested, and that his inculpatory statements he made to federal agents investigating his activities should have been suppressed; the court rejected defendant's contention that the words "arrest or other detention" in 18 U.S.C. 3501(c) expand the right to prompt presentment beyond the contours of Federal Rule of Criminal Procedure 5(a); and defendant could not invoke the McNabb-Mallory rule because he was not, during the period in question, either formally arrested or in "other detention" within the meaning of section 3501. The court also concluded that there was no error in the "public domain" or "basic marketing information" jury instructions under the Arms Export Control Act of 1976 (AECA). Accordingly, the court affirmed the district court's judgment. View "United States v. Gowadia" on Justia Law