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United States v. Aref

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Argued: March 24, 2008

Before: JACOBS, Chief Judge, McLAUGHLIN, Circuit Judge, and SAND, District Judge.*fn1

Both defendants were convicted on charges arising out of a sting operation. The jury found that they conspired to conceal the source of what a cooperator represented to be proceeds from the sale of a surface-to-air missile. According to the cooperator, the missile was to be used by terrorists against a target in New York City. Before trial, the Government sought, pursuant to the Classified Information Procedures Act (“CIPA”), 18 U.S.C. app. 3, two protective orders restricting discovery of certain classified information that, arguably, would have been otherwise discoverable. The district court granted the motions in part and denied the rest.

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