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U.S. v. AFSHARI

No. 02-50355.

426 F.3d 1150 (2005)

UNITED STATES of America, Plaintiff-Appellant, American Civil Liberties Union of Northern California Inc; the National Association of Criminal Defense Lawyers; and California Attorneys for Criminal Justice, Intervenors, v. Hossein AFSHARI, aka Hosseini Deklami; Mohammad Omidvar; Hassan Rezaie; Roya Rahmani, aka Sister Tahmineh; Navid Taj, aka Najaf Eshkoftegi; Mustafa Ahmady; Alireza Mohamad Moradi, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2005.

Attorney(s) appearing for the Case

Douglas N. Letter, U.S. Department of Justice, Washington, D.C., for the appellant.

Stephen P. Berzon, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for the appellees.

Before: KLEINFELD, WARDLAW, and W. FLETCHER, Circuit Judges.

KLEINFELD, Circuit Judge:

We review the constitutionality of a statute prohibiting financial support to organizations designated as "terrorist."

Facts

The issue here is the constitutionality of the crime charged in the indictment, that from 1997 to 2001, Rahmani and others knowingly and willfully conspired to provide material support to the Mujahedin-e Khalq ("MEK"),1 a designated terrorist organization, in violation...

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