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U.S. v. MANDEL

No. 88-1418.

914 F.2d 1215 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Arnold I. MANDEL; Rona K. Mandel, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1990.

Attorney(s) appearing for the Case

Thomas E. Flynn, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellant.

Daniel F. Cook, Topel & Goodman, San Francisco, Cal., Dale A. Drozd, Blackmon and Drozd, Sacramento, Cal., for defendants-appellees.

Before FARRIS, PREGERSON and RYMER, Circuit Judges.

RYMER, Circuit Judge:

This appeal raises the issue of whether a criminal defendant charged with exporting items on the Commodity Control List in violation of the Export Administration Act of 1979 is entitled to discovery of Department of Commerce records relied on by the Secretary in promulgating commodity control categories within which the exported items are listed. The district court held in a published opinion, United States v. Mandel,

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