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UNITED STATES v. XUE

Nos. 21-2227 & 21-2228.

42 F.4th 355 (2022)

UNITED STATES of America, Appellant in No. 21-2227 v. Yu XUE, a/k/a JOYCE. United States of America, Appellant in No. 21-2228. v. Tao Li.

United States Court of Appeals, Third Circuit.

Opinion filed: August 2, 2022.

Attorney(s) appearing for the Case

Robert J. Livermore [ARGUED], Robert A. Zauzmer, Office of United States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, Counsel for Appellant.

Michael Dearington [ARGUED], Peter Zeidenberg, ArentFox Schiff, 1717 K Street, N.W., Washington, DC 20006, Counsel for Appellee Yu Xue.

John N. Joseph [ARGUED], Abraham J. Rein, Post & Schell, 1600 John F. Kennedy Boulevard, Four Penn Center, 14th Floor, Philadelphia, PA 19103, Counsel for Appellee Tao Li.

Before: CHAGARES, Chief Judge, AMBRO and FUENTES, Circuit Judges.

OPINION OF THE COURT

Defendant Yu Xue was formerly a scientist at pharmaceutical company GlaxoSmithKline ("GSK"). While still employed at GSK, Xue formed a pharmaceutical company with defendant Tao Li and others and proceeded to steal a number of GSK documents containing trade secrets. Xue and Li each pled guilty...

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