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UNITED STATES v. ELSHENAWY

No. 85-1540.

801 F.2d 856 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Elsayed Akef ELSHENAWY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1986.

Attorney(s) appearing for the Case

Kenneth R. Sasse, Federal Defender Office, Detroit, Mich., Miriam L. Siefer, Rafael C. Villarruel (argued), for defendant-appellant.

John N. Thompson, Jr. (argued), Detroit, Mich., for plaintiff-appellee.

Before KEITH and BOGGS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

BOGGS, Circuit Judge.

Appellant, Elsayed Akef Elshenawy, was charged with "knowingly" possessing contraband cigarettes, in violation of 18 U.S.C. § 2342(a). Elshenawy filed a pre-trial motion to construe the statute, and the district court ruled that the statute does not require the government to prove that the defendant knew that payment of state cigarette taxes was required, or knew that taxes had not been paid. Subsequent to the ruling, Elshenawy entered a...

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