592 F.2d 131 (2nd Cir. 1979), 245, United States v. Swarovski

Docket Nº:245, Docket 78-1202.
Citation:592 F.2d 131
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Manfred SWAROVSKI, Defendant-Appellant.
Case Date:February 08, 1979
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 131

592 F.2d 131 (2nd Cir. 1979)

UNITED STATES of America, Plaintiff-Appellee,

v.

Manfred SWAROVSKI, Defendant-Appellant.

No. 245, Docket 78-1202.

United States Court of Appeals, Second Circuit

February 8, 1979

Argued Oct. 18, 1978.

Page 132

Edward R. Korman, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y. (Harvey M. Stone, and Richard W. Brewster, Asst. U. S. Attys., Brooklyn, N. Y., of counsel), for plaintiff-appellee.

Richard H. Kuh, New York City (Warshaw, Burstein, Cohen, Schlesinger & Kuh, New York City, Marc Richards, New York City, of counsel), for defendant-appellant.

Before SMITH, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

VAN GRAFFEILAND, Circuit Judge:

On May 31, 1977, this Court held that, when appellant was apprehended by United States Customs Officers at Kennedy International Airport as he was attempting to export a military aircraft gunsight camera without a State Department license, the officers had authority under New York law to arrest him without a warrant. United States v. Swarovski, 557 F.2d 40 (2d Cir. 1977), Cert. denied, 434 U.S. 1045, 98 S.Ct. 889, 54 L.Ed.2d 796 (1978). Thereafter, Swarovski pleaded guilty in the Eastern District of New York to Count One of an indictment charging him with violating 22 U.S.C. § 1934 1 and associated regulations of the State Department. At the same time, he reserved by stipulation his right to appeal from the judgment of conviction. Appellant now attacks the constitutionality of the State Department regulations, the validity of the warrantless searches of his luggage, and the length of his sentence. Finding no merit in any of his contentions, we affirm.

Section 1934(a) authorizes the President to designate articles "arms, ammunition, and implements of war" and to control their export from the United States. Subdivision (c) makes it unlawful for anyone to violate the section or any rule or regulation issued thereunder. The general prohibitory regulation under the statute, 22 C.F.R. § 123.01, provides that equipment on the United States Munitions List shall not be exported until a license has been obtained from the Department of State. The Munitions List, 22 C.F.R. § 121.01, includes within the definition of arms, ammunition, and implements of war, "(a)erial cameras, space cameras, special purpose military cameras, and specialized processing equipment therefor." The...

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