United States v. Morgovsky

Summary

The panel affirmed the denial of Morgovsky's motion under 28 U.S.C. § 2255, holding that counsel was not ineffective for failing to challenge the State Department's authority to criminalize conspiracies to export defense articles because the Arms Export Control Act authorizes that regulation. The panel also rejected the money-laundering ineffective-assistance claim because the indictment and plea record showed that Morgovsky knowingly and voluntarily admitted the relevant underlying conduct. The panel declined to expand the certificate of appealability to reach Morgovsky's uncertified actual-innocence claims and dismissed those claims for lack of jurisdiction.