United States v. Ahmad Kheir Abulfeilat

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ahmad Kheir ABULFEILAT, Defendant-Appellant. No. 95-50446. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1996. Decided June 25, 1996. Before: WIGGINS, THOMPSON, TROTT, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Ahmad Kheir Abulfeilat is presently serving a thirty-month sentence imposed by the district court after he pleaded guilty to one count of conspiracy to export Iraqi oil in violation of 18 U.S.C. § 371 . He appeals his sentence, arguing that the district court erred in sentencing him for evasion of export controls under USSG § 2M5.1(a)(1), which requires a finding that national security or nuclear proliferation controls were evaded. He contends his offense of selling oil from Iraq was not a violation of national security and therefore the court should have applied USSG § 2M5.1(a)(2), which concerns all other evasion…