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U.S. v. EHSAN

No. 98-4036.

163 F.3d 855 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Mohammad Reza EHSAN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 1998.

Attorney(s) appearing for the Case

ARGUED: Andrew George Warrens Norman, Assistant United States Attorney, Richard Charles Kay, Assistant United States Attorney, Baltimore, Maryland, for Appellant. Joshua R. Treem, Schulman, Treem, Kaminkow & Gilden, P.A., Baltimore, Maryland, for Appellee. ON BRIEF: Lynne A. Battaglia, United States Attorney, Yosefi M. Seltzer, Third Year Law Student, Baltimore, Maryland, for Appellant. Harry Levy, Schulman, Treem, Kaminkow & Gilden, P.A., Baltimore, Maryland; Steven A. Steinbach, Julie C. Hilden, Williams & Connolly, Washington, D.C., for Appellee.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and WILSON, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Chief Judge WILSON joined.

OPINION

WILKINSON, Chief Judge:

Mohammad Reza Ehsan was indicted for shipping equipment in violation of a ban on exports to Iran. See Exec. Order No. 12959, 60 Fed.Reg. 24757 (1995). Ehsan claimed that Executive Order 12959 and its implementing regulations, 31 C.F.R. §§ 560.203.205, .406, were...

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