United States v. Liu, No. 10-10613 (9th Cir. 2013)Annotate this Case
Defendant appealed his sentence and convictions for criminal copyright infringement and trafficking in counterfeit labels. The court held that the term "willfully" required the government to prove that a defendant knew he was acting illegally rather than simply that he knew he was making copies. Similarly, to "knowingly" traffic in counterfeit labels required knowledge that the labels were counterfeit. Accordingly, the court vacated defendant's conviction and remanded because the district court improperly instructed the jury on these issues. The court also concluded that the district court should dismiss the second count against defendant on remand because his counsel failed to raise an obvious statute-of-limitations defense.