United States v. Da-Chuan Zheng, Kuang-Shin Lin, Jing-Li Zhang, David Tsai, Allen Yeung

OPINION OF THE COURT

WEIS, Circuit Judge.

The government contends that in dismissing an indictment the district court adopted an unduly restrictive definition of the word “items.” The term appears in a statute that requires the President to designate “items” to be included on a list of defense articles whose sale and exportation are restricted. We conclude that the list as prepared by the Executive complied with the congressional direction. We will therefore vacate the district court’s order.

In a one count indictment, defendants were charged with having conspired to violate the Arms Export…