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U.S. v. LACHMAN

Nos. 03-2274, 03-2275.

387 F.3d 42 (2004)

UNITED STATES of America, Appellant/Cross-Appellee, v. Walter L. LACHMAN, Maurice H. Subilia, Jr., Fiber Materials, Inc., Materials International, Inc., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, First Circuit.

Decided October 25, 2004.

Attorney(s) appearing for the Case

James D. Herbert, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Despena F. Billings, Assistant United States Attorney, and Stephan E. Oestreicher were on brief for appellant/cross-appellee.

Michael R. Schneider with whom Andrew Good, Matthew Zisow, and Alan M. Dershowitz were on briefs for defendant-appellees/cross-appellants.

Before SELYA, DYK, and HOWARD, Circuit Judges.

DYK, Circuit Judge.

The issue on the government's appeal is whether the term "specially designed" as used in 15 C.F.R. § 399.1, Supp. 1 (1988) (now 15 C.F.R. § 774, Supp. 1 (2004)), is unconstitutionally vague.

Defendants Walter L. Lachman, Maurice H. Subilia, Jr., Fiber Materials, Inc. ("FMI"), and Materials International, Inc., were convicted in the United States District Court for the District of Massachusetts on charges of violating and conspiring...

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