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Submitted: April 29, 2010

Before: RAGGI, HALL, and CHIN, Circuit Judges.

Appeal from a judgment of conviction entered after a jury trial in the United States District Court for the District of Connecticut (Mark R. Kravitz, Judge), at which defendant Hassan Abu-Jihaad was found guilty of communicating national defense information respecting the movements of a United States Navy battlegroup to unauthorized persons in violation of 18 U.S.C. § 793(d). Defendant contends that (1) inculpatory evidence procured pursuant to the Foreign Intelligence Surveillance Act, 50 U.S.C. § 1801 et seq., should have been suppressed because (a) that statute is unconstitutional and (b) in any event, was not complied with in this case; (2) erroneous evidentiary rulings deprived him of a fair trial; (3) the trial evidence was insufficient to support conviction; and (4) the district court abused its discretion in entering protective orders pursuant to the Classified Information Procedures Act, 18 U.S.C. app. 3, §§ 1-16. We reject these arguments as without merit.

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