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U.S. v. KHAN

No. 86-5656.

822 F.2d 451 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Khurshid Aslam KHAN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

John Stuart Bruce, Asst. U.S. Atty., Raleigh, N.C., for plaintiff-appellant.

Robert Ellis Zaytoun (Kirby, Wallace, Creech, Sarda, Zaytoun & Cashwell, Raleigh, N.C., on brief) for defendant-appellee.

Before HALL, and SPROUSE, Circuit Judges, and TIMBERS, Circuit Judge for the United States Court of Appeals for the Second Circuit, sitting by designation.

K.K. HALL, Circuit Judge:

In this unusual case, the United States of America appeals an order of the district court entering a judgment of acquittal in favor of the defendant, Khurshid Aslam Khan ("Khan"), on charges of aiding and abetting the presenting of a false petition to the Immigration and Naturalization Service in violation of 18 U.S.C. § 1546. Because we conclude that the district court exceeded the scope of its jurisdiction and that a judicial reconsideration...

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