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United States v. Hsu

364 F.3d 192 (2004)

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United States v. Hsu

United States Court of Appeals for the Fourth Circuit
364 F.3d 192 (2004)

RW

Facts

At the request of a Chinese business associate, Eugene Hsu (defendant) inquired into exporting KIV encryption devices to China. KIVs were categorized as defense articles on the United States Munitions List. Dan Supnick, an undercover federal agent posing as the KIV manufacturer’s sales representative, informed Hsu that federal Arms Export Control Act (AECA) regulations clearly banned KIV sales to China. Hsu contacted Supnick several times thereafter. Each time Hsu asked Supnick about exporting KIVs to China, Supnick reminded Hsu that the AECA made it illegal to do so. The government eventually arrested Hsu and obtained Hsu’s conviction in federal district court for attempting to violate the AECA. Hsu appealed to the Fourth Circuit on the grounds that the AECA and its implementing regulations were unconstitutionally vague as applied to Hsu.

Rule of Law

Issue

Holding and Reasoning (Motz, J.)

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