Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Bout

United States Court of Appeals, Second Circuit

September 27, 2013

UNITED STATES of America, Appellee,
v.
Viktor BOUT, also known as Victor Anatoliyevich Bout, also known as Viktor Bulakin, also known as Viktor Butt, also known as Vadim Markovich Aminov, also known as Viktor Budd, also known as Victor But, also known as Boris, Defendant-Appellant.

Argued: Aug. 22, 2013.

Page 234

[Copyrighted Material Omitted]

Page 235

[Copyrighted Material Omitted]

Page 236

Albert Y. Dayan, Law Office of Albert Y. Dayan, Kew Gardens, NY, for Appellant Viktor Bout.

Anjan Sahni, Assistant United States Attorney (Brendan R. McGuire, Michael A. Levy, Assistant United States Attorneys, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee United States of America.

Before CABRANES, HALL, and CHIN, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Defendant-appellant Viktor Bout, a reputed international arms trafficker, was arrested following an innovative international sting operation directed bye American law-enforcement agents across three continents. Following lengthy proceedings abroad, Bout was extradited to stand trial in the United States. He was convicted, following a jury trial in the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge ), of: (1) conspiracy to kill United States nationals, in violation of 18 U.S.C. § 2332(b); (2) conspiracy to kill United States officers and employees, in violation of 18 U.S.C. §§ 1114 and 1117; (3) conspiracy to acquire and export a missile system designed to destroy aircraft, in violation of 18 U.S.C. § 2332g[1]; and (4) conspiracy to provide material support or resources to a designated foreign terrorist organization, in violation of 18 U.S.C. § 2339B.

On appeal, Bout raises a number of claims, including that: (1) the government's conduct constituted an outrageous or vindictive prosecution in violation of his constitutional right to due process of law; (2) his extradition was illegal because it was the consequence of " intense, coercive political pressure exerted by the United States" ; (3) his prosecution violated the " doctrine of specialty" ; and (4) the indictment insufficiently stated the offenses listed in Counts One and Two.

We find no merit to any of defendant's claims, and, accordingly, we affirm the judgment of conviction of the District Court and remand the cause for the limited purpose of correcting a clerical error in the judgment.

I. BACKGROUND

Bout has long been regarded by the United States government as a dangerous and powerful international arms trafficker, and his illicit arms pipeline has repeatedly been designated for sanctions by United States and United Nations authorities. The Drug Enforcement Administration (" DEA" ) initiated an international sting operation against Bout in late 2007 with the assistance of three confidential sources (" CSs" ). Two of the CSs posed as representatives of the Fuerzas Armadas Revolucionarias de Colombia (the " FARC" ),

Page 237

a Colombian entity and longtime revolutionary organization seeking the violent overthrow of the Colombian government. The FARC, which has been designated by the United States government as a foreign terrorist organization, is also one of the world's largest cocaine suppliers ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.