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U.S. v. BOZAROV

No. 91-50646.

974 F.2d 1037 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Ognian BOZAROV, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1992.

Attorney(s) appearing for the Case

Andrew G. McBride, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Weyman I. Lundquist, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for defendant-appellee.

Before: SNEED and D.W. NELSON, Circuit Judges, and WANGER, District Judge.

D.W. NELSON, Circuit Judge:

OVERVIEW

The United States appeals the dismissal of its indictment charging Ognian Bozarov with conspiracy to violate the Export Administration Act of 1979 (EAA or Act), 50 U.S.C.App. § 2401 et seq., for his role in a scheme to transport computer disc manufacturing equipment to Bulgaria. The district court dismissed the indictment based on its determination that the EAA was unconstitutional under the nondelegation doctrine...

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