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UNITED STATES v. SHIH

No. 23-3718.

119 F.4th 1136 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Yi-Chi SHIH, aka Yichi Shih, aka Yugi Shi, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2024.

Attorney(s) appearing for the Case

Khaldoun Shobaki (argued), Assistant United States Attorney, Chief, Cyber & I.P. Crimes Section; Daniel G. Boyle, Robert I. Lester, Melanie A. Sartoris, and David R. Friedman, Assistant United States Attorneys; Bram M. Alden, Assistant United States Attorney, Chief, Criminal Appeals Section; E. Martin Estrada, United States Attorney; United States Department of Justice, Office of the United States Attorney, Los Angeles, California; for Plaintiff-Appellee.

Michael A. Brown (argued) and James W. Spertus, Spertus Landes & Josephs LLP, Los Angeles, California, for Defendant-Appellant.

Before: Richard A. Paez, Jacqueline H. Nguyen, and Andrew D. Hurwitz, Circuit Judges.

OPINION

The issue is whether the district court erred by finding that "national security controls ... were evaded" by the conduct underlying one of the counts for which Yi-Chi Shih was convicted after a jury trial. The district court's finding triggered a base offense...

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