In United States v. Guo, 09-50394, an appeal from C.D. Cal. (Walter, J.) argued & submitted: 11/1/10 Panel: Pregerson Seventh Circuit Judge Ripple Graber
HOLDING:Affirming a conviction for knowingly and willfully conspiring to export, and attempting to export, ten export-controlled thermal imaging cameras without a license under 50 U.S.C. § 1705, the panel rejected the defendant's contention that § 1705 is unconstitutionally vague.
Emphasizing that complexity is not the same as vagueness, the panel wrote that the statute's implementing regulations gave the defendant clear warning that the cameras he sought to export fell within the regulations'
licensing requirement, and explained that the scienter requirement in §
1705(c) further alleviates concern that a person could violate the statute unwittingly.