United States Ninth Circuit

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US v. Sedaghaty, 11-30342

Defendant's conviction for tax fraud arising out of charges that defendant falsified charitable organization tax returns in order to conceal his support of an independence movement in Chechnya is: 1) affirmed in part, where defendant's arguments regarding the classified material, the district court's evidentiary decisions, the notion that the government was one-sided in its effort to obtain evidence abroad, and his view that the government's characterization of the evidence rose to the level of a constitutional violation, are without merit; and 2) reversed in part and remanded, where a) the government violated its obligations pursuant to Brady v. Maryland by withholding significant impeachment evidence relevant to a central government witness, b) the district court erred in approving an inadequate substitution for classified material that was relevant and helpful to the defense, which did not satisfy the requirements in the Classified Information Procedures Act, c) the search that the government conducted of the defendant's computer hard drives went well beyond the explicit limitations of the warrant, and d) the errors were prejudicial.

Appellate Information

  • Decided 08/23/2013
  • Published 08/23/2013

Judges

  • McKEOWN

Court

  • United States Ninth Circuit

Counsel