Legal Opinion

United States v. Carper

Court of Appeals for the Ninth Circuit

Decided October 14, 2011No. 10-10517PublishedCited by 11 opinions

1Opinion of the Court

OPINION

NOONAN, Circuit Judge:

Charles Carper (“Carper”) appeals his sentence of three years’ imprisonment for unlawfully exporting PVS-14 Gen 3 night-vision devices (“PVS-Í4 devices”). These devices, designed for military use, enable users to see at greater distances in low light and dark conditions.

We affirm.

BACKGROUND

Exporting PVS-14 devices without a license is prohibited. The Arms Export Control Act (“AECA”), 22 U.S.C. § 2778, makes criminal the unlicensed export of items on the United States Munitions List, 22 C.F.R. § 121.1. The Munitions List includes “night sighting equipment” such as…

2Cases cited4 opinions

  1. Kimbrough v. United StatesSupreme Court of the United States · 2007
  2. United States v. HendersonCourt of Appeals for the Ninth Circuit · 2011
  3. United States v. Evans-MartinezCourt of Appeals for the Ninth Circuit · 2010
  4. United States v. Garcia-GuerreroCourt of Appeals for the Ninth Circuit · 2011

3Cited by11 opinions

  1. United States v. Anthony PendletonCourt of Appeals for the Ninth Circuit · 2011
  2. United States v. Christopher Daniel StinesCourt of Appeals for the Eleventh Circuit · 2022
  3. David Borges v. United States of AmericaDistrict Court, D. Hawaii · 2026
  4. David Borges v. United States of AmericaDistrict Court, D. Hawaii · 2026
  5. USA V. SOHIEL KABIRCourt of Appeals for the Ninth Circuit · 2022

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