United States v. Qing Chang Jiang, AKA Frank Jiang

ORDER

The panel opinion filed on January 10, 2007, at slip op. 203, is amended as follows:

OPINION

Qing Chang Jiang (“Jiang”), a Chinese citizen, appeals his conviction for intentionally making a materially false statement to a federal agent in violation of 18 U.S.C. § 1001 (a)(2). Jiang argues there was insufficient evidence to prove the elements of the crime beyond a reasonable doubt. We agree and reverse Jiang’s conviction.

I. FACTUAL & PROCEDURAL BACKGROUND

Jiang came to the United States to establish an export business. For several years, Jiang ran a small business out of his home in Northern California, primarily exporting computers and electronic products to commercial customers located in China. In 2001, Jiang entered into a contract with Hebei Far East (“Hebei”), to ship four custom-made microwave amplifiers to He-bei, which is located in China. After further negotiations, the order was subsequently expanded to nine amplifiers.

On March 10, 2002, Jiang received an import permit for the amplifiers from the Chinese government. On March 28, Jiang contracted with Narda DBS Microwave (“Narda”), a California company, to produce the nine amplifiers, and on March 31, Jiang…