United States v. McHarding Degan Galimah
2014 U.S. App. LEXIS 13033
| 8th Cir. | 2014Background
- Galimah, Liberian immigrant in Minnesota, was convicted of illegally exporting firearms under 18 U.S.C. § 554.
- He bought twelve handguns from Madden, a licensed gun dealer, and received an exportation form warning about possible licensing.
- Galimah shipped the weapons in sea containers to Liberia, concealing the handguns from customs declarations.
- He admitted to agents that he shipped the handguns to Liberia after investigation began.
- At trial, Galimah argued § 554 required proof of knowledge of the law; the district court agreed.
- The government sought, and received, a deliberate ignorance instruction; Galimah appealed the instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deliberate ignorance instruction is permissible under § 554. | Galimah argues it improperly lowers the knowledge burden. | Galimah's view argues it should not be allowed; government contends it here is proper. | Instruction allowed; district court did not abuse discretion. |
Key Cases Cited
- Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (U.S. 2011) (willful blindness supports inference of knowledge when high probability exists)
- Willis, 277 F.3d 1026 (8th Cir. 2002) (willful blindness appropriate when evidence shows conscious avoidance of learning)
- Elashyi, 554 F.3d 480 (5th Cir. 2008) (deliberate indifference permitted where knowledge of prohibition is at issue)
- Soussi, 316 F.3d 1096 (10th Cir. 2002) (evasiveness can indicate knowledge of illegality in export ban case)
- Brooks, 174 F.3d 950 (8th Cir. 1999) (tax evasion requires willfulness and knowledge of the duty and its violation)
- Barnhart, 979 F.2d 647 (8th Cir. 1992) (willful blindness requires conscious purpose to avoid enlightenment)