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U.S. v. KHATAMI

No. 99-50700.

280 F.3d 907 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Fatemeh KHATAMI, aka Doris Khatami, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2002.

Attorney(s) appearing for the Case

James L. Waltz, Laguna Hills, CA, for the defendant-appellant.

John D. Early, Assistant United States Attorney, United States Attorney's Office, Santa Ana, CA, for the plaintiff-appellee.

Before: B. FLETCHER, D.W. NELSON, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge.

This case requires us to decide an issue of first impression in this circuit: whether 18 U.S.C. § 1512(b) prohibits noncoercive — non-threatening or non-physical — attempts to tamper with witnesses. Following a bench trial, the district court convicted Fatemeh Khatami ("Khatami") on two counts of witness tampering pursuant to 18 U.S.C. § 1512(b)(3).1 Khatami argues on appeal that the evidence...

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