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U.S. v. NOUSHFAR

Nos. 94-30229, 94-30350 and 94-30353.

78 F.3d 1442 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Massoud NOUSHFAR; Zohreh Shayesteh and Kamran Shayesteh, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1996.

Attorney(s) appearing for the Case

Arlen R. Sturm; Helen J. Brunner, Assistant United States Attorneys, Seattle, Washington, for plaintiff-appellee.

Michael Filipovic, Assistant Federal Public Defender, Seattle, Washington, for defendant-appellant Massoud Noushfar.

Ted W. Cassman, Cooper, Arguedas & Cassman, Emeryville, California, for defendant-appellant Zohreh Shayesteh.

Elliot R. Peters; Steven A. Hirsch, Keker & Van Nest, San Francisco, California, for defendant-appellant Kamran Shayesteh.

Before: BROWNING, WRIGHT and CANBY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This case involves a conspiracy to smuggle valuable Persian rugs into the United States in violation of an Executive Order. Because the jury was allowed during deliberations to listen to audiotapes never played in open court, we reverse the convictions and remand for a new trial.

FACTS

Kamran Shayesteh and his wife Zohreh own and manage the Galleria deFarsh, a large rug store in Burlingame, California. In 1987, a...

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