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U.S. v. MALKI

Docket Nos. 08-4417-cr (L), 08-4436-cr (Con).

609 F.3d 503 (2010)

UNITED STATES of America, Appellee, v. Noureddine MALKI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 29, 2010.

Attorney(s) appearing for the Case

Alison M. Weir, New Haven, CT, (James I. Glasser, Wiggin and Dana, LLP, New Haven, CT, on the brief), for Defendant-Appellant.

Jeffrey H. Knox, Asst. U.S. Atty., Brooklyn, N.Y. (Benton J. Campbell, U.S. Atty., David C. James, John David Buretta, Asst. U.S. Attys., Brooklyn, N.Y., on the brief), for Appellee.

Before: NEWMAN, RAGGI, and HALL, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal primarily concerns the rarely litigated issue of the appropriate sentencing guideline, under the United States Sentencing Guidelines ("the Guidelines") for violations of 18 U.S.C. § 793(e), which punishes, among other things, unauthorized possession and willful retention of various documents relating to national defense. The issue arises on an appeal by Noureddine Malki from the May 23, 2008, judgment of conviction of...

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