UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
December 23, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ARIF ALI DURRANI, DEFENDANT.
The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge
ORDER DENYING MOTION FOR NEW TRIAL
Arif A. Durrani was convicted by a jury on March 17, 2006 of exporting defense articles from the United States without a license. After mounting an unsuccessful appeal of his conviction, Durrani has filed a motion for new trial under Federal Rule of Criminal Procedure 33(b)(1). He maintains he has newly discovered evidence that, if considered anew by another jury, would likely result in his acquittal. For reasons that follow, the motion is DENIED.
Alleged Unlawful Extradition
Durrani's first argument is that he was unlawfully extradited by the Republic of Mexico to the United States, and that the United States violated the rule of specialty by trying him for unlawfully exporting defense articles. The argument is a nonstarter because Durrani was not extradited to the U.S.; rather, Mexico deported him to Pakistan and U.S. Marshals seized him pursuant to a federal arrest warrant when the plane he was flying on stopped to refuel in Los Angeles.
Moreover, this claim is not new. It was fully vetted during pretrial proceedings. The Court rejected the argument then, and Durrani raises no new information justifying reconsideration.
Alleged U.S. Citizenship
Durrani second argument is that he is a U.S. citizen. Again, there is nothing novel or new in this assertion. As with Durrani's unlawful extradition claim, this argument was fully vetted and rejected by this Court during pretrial proceedings. The evidence establishes Durrani is a Pakistani citizen. He was never naturalized as a U.S. citizen.
In any event, Durrani's citizenship was not relevant to any material issue at trial, and therefore cannot support his motion for a new trial.
Throughout the proceedings in this case, Durrani has bombarded the Court and the government with successive motions and pleadings attempting to reargue and rehash previously decided issues. This motion is the latest example of Durrani's refusal to accept the finality of the Court's and jury's decisions. Durrani was justly tried and fairly convicted of unlawfully exporting defense articles -- his second such conviction for the same offense. The time has come for the curtain to fall on Durrani's seemingly endless legal maneuvers to set aside his conviction. In the future, this Court will summarily deny any motion Durrani files that attempts to relitigate previously decided issues.
IT IS SO ORDERED.
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