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United States Seventh Circuit


US v. Wen, 06-1385

Conviction for violating the export-control laws by providing militarily useful technology to the People's Republic of China without the required license is affirmed where: 1) the Foreign Intelligence Surveillance Act (FISA) allows domestic use of intercepted evidence as long as a "significant" international objective is in view at the intercept's inception; 2) officers were entitled to rely on the FISA warrant; and 3) evidence of a domestic crime, acquired during an intercept that is reasonable because it concerns traffic between a foreign state and one of its agents in the U.S., may be used in a domestic prosecution without violating the Fourth Amendment whether or not the officers expected to learn about the domestic offense.

Appellate Information

  • Argued 10/20/2006
  • Decided 02/21/2007
  • Published 02/21/2007

Judges

  • EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Erica N. O'Neil, Office of the United States Attorney, Milwaukee, WI, John Drennan (argued), Dept. of Justice, Criminal Division, Appellate Section, Washington, DC, for Plaintiff-Appellee., James Geis (argued), Chicago, IL, for Defendant-Appellant.
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