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U.S. v. JALILIAN

No. 88-2606.

896 F.2d 447 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ali Reza JALILIAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 13, 1990.

Attorney(s) appearing for the Case

Susan M. Otto, Asst. Federal Public Defender, W.D. Oklahoma, Oklahoma City, Okl., for defendant-appellant.

John E. Green (Robert E. Mydans, Interim U.S. Atty., with him on the brief), First Asst. U.S. Atty., W.D. Oklahoma, Oklahoma City, Okl., for plaintiff-appellee.

Before TACHA, GARTH, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

Ali Reza Jalilian appeals from the order of the district court requiring him to leave the country as a condition of his probation. Jalilian contends that the district court exceeded its authority and abused its discretion. We reverse.

I.

In May 1983, Jalilian was living in Norman, Oklahoma with his uncle, Yadollah Kavakebi. Kavakebi received an income tax refund check in the mail. Jalilian took the check, signed his uncle's...

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