United States v. Amirhossein Sairafi

MEMORANDUM

Amirhossein Sairafi appeals his sentence, which followed his guilty plea to conspiracy to violate and violation of the laws prohibiting transactions with Iran, and to money laundering. We affirm.

Sairafi asserts that his sentence was unconstitutional because the guideline calculation relied upon a guideline which is unconstitutionally vague. See USSG § 2M5.1(a)(l). While Sairafi did generally waive his right to appeal his sentence, he reserved the right to appeal that sen-fence on the ground of unconstitutionality, and a claim of unconstitutional guideline vagueness is a cognizable claims.

To prevail, Sairafi must demonstrate that the guideline’s reference to “national security controls” is unconstitutionally vague as applied to him. That he is unable to do. The statutes make it clear that the President can declare that another country is an “unusual and extraordinary threat ... to the national security,” and that doing so can lead to trade restrictions and export controls regarding the country in question. A number of presidents have made that very determination about Iran, and regulations which prohibit the sale or supply of “any goods, technology, or services” to…