United States v. Henry, No. 15-3814 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed defendant's conviction for one count of conspiracy to violate and one count of violating, attempting to violate, and aiding and abetting the violation of the Arms Export Control Act (AECA), 22 U.S.C. 2778(b)(2), (c). The court held that the AECA did not unconstitutionally delegate legislative authority to the executive; the district court did not err in instructing the jury on the conduct required to find "willfulness" and "conscious avoidance"; the district court did not violate defendant's rights under the Sixth Amendment and the Court Interpreters Act (CIA), 28 U.S.C. 1827–28, to waive the assistance of an interpreter; and the district court did not abuse its discretion in requiring that defendant be provided the assistance of a court‐appointed Mandarin interpreter throughout trial.