765 Fed.Appx. 254 (9th Cir. 2019), 18-10121, United States v. Ahmadi

Docket Nº:18-10121
Citation:765 Fed.Appx. 254
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Jawed AHMADI, Defendant-Appellant.
Attorney:Kirstin Ault, Assistant U.S. Attorney, Merry Jean Chan, Assistant U.S. Attorney, DOJ-USAO, San Francisco, CA, for Plaintiff-Appellee Hanni Meena Fakhoury, Esquire, Attorney, FPDCA - Federal Public Defender’s Office, Oakland, CA, for Defendant-Appellant
Judge Panel:Before: W. FLETCHER, WATFORD, and HURWITZ, Circuit Judges.
Case Date:March 28, 2019
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 254

765 Fed.Appx. 254 (9th Cir. 2019)

UNITED STATES of America, Plaintiff-Appellee,

v.

Jawed AHMADI, Defendant-Appellant.

No. 18-10121

United States Court of Appeals, Ninth Circuit

March 28, 2019

Argued and Submitted March 12, 2019 San Francisco, California

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Kirstin Ault, Assistant U.S. Attorney, Merry Jean Chan, Assistant U.S. Attorney, DOJ-USAO, San Francisco, CA, for Plaintiff-Appellee

Hanni Meena Fakhoury, Esquire, Attorney, FPDCA - Federal Public Defender’s Office, Oakland, CA, for Defendant-Appellant

Appeal from the United States District Court for the Northern District of California, James Donato, District Judge, Presiding, D.C. No. 4:16-cr-00403-JD-2

Before: W. FLETCHER, WATFORD, and HURWITZ, Circuit Judges.

MEMORANDUM[*]

Jawed Ahmadi pleaded guilty to conspiracy to distribute heroin in violation of 21 U.S.C. § § 959(a), 960(a)(3), and 963. He contends that he was denied due process because the district court declined to engage in a pre-trial evidentiary determination whether his conduct had a sufficient nexus to the United States. Assuming arguendo that Ahmadi’s guilty plea did not waive his ability to raise this argument on appeal, we affirm.

The charges against Ahmadi required the government to prove that he agreed to distribute heroin "intending, knowing, or having reasonable cause to believe that [it] will be unlawfully imported into the United States." 21 U.S.C. § 959(a). Proof of that element of the offense would have presumptively established a sufficient link to the United States to comport with the Due Process Clause. See

United States v. Medjuck, 156 F.3d...

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