History
  • No items yet
midpage
United States v. Khazaee
15-3985-cr
| 2d Cir. | Oct 5, 2017
|
Check Treatment
|
Docket
Case Information

*1 ‐ ‐ cr United States

UNITED STATES COURT OF APPEALS THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At stated Appeals Second Circuit, held Thurgood Marshall Courthouse, Foley Square, City New York, th day October, two thousand seventeen.

PRESENT: JOHN M. WALKER, JR.,

RAYMOND J. LOHIER, JR.,

Circuit Judges ,

JOHN F. KEENAN, Judge .* ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  UNITED STATES OF AMERICA,

Appellee , No. ‐ ‐ cr MOZAFFAR KHAZAEE, AKA Arash Khazaie, Defendant Appellant.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  * Judge John F. Keenan, Southern New York, sitting designation.

FOR APPELLANT: A MY A DELSON (Daniela Elliott, on brief ), Law Offices of Amy Adelson LLC, New York, NY. APPELLEE: V ANESSA R ICHARDS (Marc H.

Silverman, brief ), Assistant Attorneys, for Deirdre M. Daly, Attorney District Connecticut, New Haven, CT.

Appeal from judgment District Court District Connecticut (Vanessa L. Bryant, Judge ). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED judgment Court AFFIRMED.

Mozaffar appeals from judgment (Bryant, J.) sentencing him principally months’ imprisonment followed three year supervised release. guilty attempting defense articles Iran Arms Export Control Act (“AECA”), U.S.C. On appeal, his conviction should be vacated primarily because (1) guilty plea knowing voluntary, (2) improperly involved itself plea negotiations, (3) did allocute all elements charged offense. assume parties’ *3 familiarity with facts record prior proceedings, to which we refer only as necessary explain our decision to affirm. was initially indicted two counts interstate transportation

stolen property, in violation 18 U.S.C. § for transporting documents containing proprietary information about Air Force jet engines. later guilty a “Substitute Information” charging him only with violating Before accepting guilty plea, a district court must “inform defendant of, determine defendant understands . . . nature each charge which defendant pleading.” Fed. R. Crim. P. 11(b)(1)(G). Where, here, claim non compliance with Rule not made district court, we review plain error, which requires defendant show “a reasonable probability that, but error, he would have entered plea.” Pattee, F.3d (2d Cir. 2016) (quotation marks omitted). In conducting our review, we may consider “entire record,” merely defendant’s allocution. Maher, 1997). first mistakenly thought pleading guilty interstate transportation stolen property U.S.C. rather *4 than violation of the AECA. Our review of the following portions of the record suggests otherwise: (1) the plea agreement, (2) the stipulation of offense conduct attached that agreement, (3) Khazaee’s plea allocution, and (4) Government’s recitation charges against Khazaee during change plea hearing as involving “unlawful exports and attempted exports defense articles in Arms Export Control Act.” App’x 260, True, Government’s assertion that had “stole[n] and retained material” from former employers, id. at 270, Court’s focus “proprietary” nature that material, id. at were directly relevant any element But such “loose terminology,” Torrellas, 2006), does negate record whole, in which admitted during plea allocution that had “possession [the] control element that required [a] license that [he] didn’t have,” App’x exported those materials “shipment that supposed leave border [the] State[s],” specifically “[t]o Iran,” id. 311–12. Second, violated Rule 11(c)(1), which prohibits district courts from participating plea discussions. See Fed. R. Crim. P. 11(c)(1). There no plain error. The never advised or *5 encouraged Khazaee to plead guilty, see United States v. Davila, 133 S. Ct. 2139, 2147–48 (2013), discussed sentence it would impose if Khazaee guilty, see v. Werker, F.2d 198, (2d Cir. 1976), or otherwise exerted “pressure to settle” case “on terms favored judge,” Paul, F.3d (2d Cir. 2011). Nor do we discern error Court’s statement that would be entitled to three point reduction under Sentencing Guidelines only if he accepted responsibility charged offense. See U.S.S.G. 3E1.1.

Third, that he did not admit willfully violating are persuaded. “The ‘willfulness’ has generally, albeit uniformly, been interpreted referring knowledge that conduct question was wrongful or unlawful.” See Hopkins, F.3d 1995). admitted exported documents containing “information [that] illegal disclose,” App’x that, based on training restrictions, understood it illegal export information Iran, id. at 312. This admission satisfies AECA’s willfulness element. See Torrellas,

*6 1 have considered Khazaee’s remaining arguments conclude 2 they are without merit. For foregoing reasons, judgment 3 AFFIRMED.

4 THE COURT: 5 Catherine O’Hagan Wolfe, Clerk

Case Details

Case Name: United States v. Khazaee
Court Name: Court of Appeals for the Second Circuit
Date Published: Oct 5, 2017
Docket Number: 15-3985-cr
Court Abbreviation: 2d Cir.
Read the detailed case summary
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.