United States v. Burden, No. 17-3018 (D.C. Cir. 2019)Annotate this Case
Defendant and his export business, Wing-On LLC, appealed their convictions of conspiracy to violate the Arms Export Control Act (AECA), unlawful export in violation of the AECA, and conspiracy to launder money.
The DC Circuit held that the district court erred in admitting the deposition testimony of a key witness because the government failed to make reasonable efforts before it deported the witness to procure his presence at trial; the jury instruction defining the "willfulness" element of unlawful exportation of defense articles was correct, but the court suggested clarification of the willfulness instruction to more squarely require a finding that defendants were aware of and knowingly violated their legal obligation not to commit the charged actus reus; and the district court did not err by admitting defendant's non-Mirandized statements because he was not in custody where, even assuming language proficiency is relevant to the custody inquiry, a reasonable officer would not have thought defendant's imperfect English meant a reasonable person in his position would have believed himself detained during the interview. Accordingly, the court vacated the judgment in light of the error in admitting the key witness's deposition testimony, because the error was not harmless.