UNITED STATES OF AMERICA V. ARIF DURRANI AMENDED MOTION TO VACATE AND SET ASIDE SENTENCE AND JUDGEMENT OF CONVICTION

• Document Type: FOIA
• Keywords: IRAN CONTRA
• Keywords: SCANDAL
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001474389
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: June 22, 2015
• Document Release Date: January 10, 2008
• Case Number: F-2000-02383
• Publication Date: August 6, 1991

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA CIVIL B-90-090 (TFGD)
CRIM. B-86-59 (TFGD)
VS.
ARIF DURRANI AUGUST 6, 1991
AMENDED MOTION TO VACATE AND SET ASIDE
SENTENCE AND JUDGMENT OF CONVICTION
1. This is a motion pursuant to 28 U.S.C. ? 2255, to vacate
and set aside the sentence and judgment of conviction in United
States v. Arif Durrani, Crim. No. B-86-59 (TFGD).
2. Movant was convicted of three counts of violation of the
Arms Export Control Act and was sentenced to an effective term of
incarceration of ten years.
3. One material aspect of the defense at trial. was movant's
contention that the export of parts for the HAWK missile system
with which he was charged came within the "official use"
exception to the Arms Export Control Act or that he believed that
the United States government had authorized the charged
transactions.
4. Movant's conviction and sentence should be set aside on
the grounds that the government violated his federal constitution
right to due process in one or more of the following respects:
a. Agents or employees of the United States government
knew at the time of movant's trial that the United
APPROVED FOR RELEASE
DATE: NOV 2007
 States government did not rely solely on stocks of HAWK
parts and other weapons within the custody of the United.
States Army and within the United States for shipments
to Iran before and during 1986, including but not
limited to NATO stocks in Europe, in contradiction to the
testimony of Charles Moyer at trial. The failure to
disclose that evidence, which was in the control of
agents or employees of the United States, regardless of
whether it was in the control of the United States
Attorney for the District of Connecticut, violated
movant's due process right to disclosure of exculpatory
evidence.
b. Agents or employees of the United States government
knew at the time of trial that private persons, directly
or indirectly including Manuel Pires, among others, were
involved in the procurement of weapons including HAWK
parts at the behest of the United States government or
its agents and with their direction and encouragement,
as part of an effort to free American hostages in Iran
and for other reasons. The failure to disclose that
evidence, which was in the control of agents or
employees of the United States, regardless of whether it
was in the control of the United States Attorney for the
District of Connecticut, violated movant's due process
 right to disclosure of exculpatory evidence.
c. Agents or employees of the United States government
knew at the time of trial that Lt. Col. Oliver North and
others met with. private persons, other than employees of
the Central Intelligence Agency or the United States
military, in an effort to obtain HAWK spare parts and
other weapons, and that one.of those meetings took place
in London in late September 1986. The failure to
disclose that evidence, which was in the control of
agents or employees of the United States, regardless of
whether it was in control of the United States Attorney
for the District of Connecticut, violated movant's due
process right to disclosure of exculpatory evidence.
5. Based upon the foregoing, and upon such other evidence
is disclosed during the discovery process or at a hearing on this
motion, movant requests that his sentence and judgment be
vacated.
THE MOVANT,
ARIF A. DURRANI
By
William M. Bloss
JACOBS, GRUDBERG, BELT & DOW, P.C.
350 Orange St.
P. O. Box 606
New Haven, CT 06503
(203) 772-3100
His Attorney
 CERTIFICATION
I hereby certify that a copy of the Amended Motion to Vacate
and Set Aside Sentence and Judgment of Conviction was mailed
first class, postage prepaid to:
Holly Fitzsimmons
Assistant United States Attorney
915 Lafayette Blvd.
Bridgeport, CT 06604
this day of August, 1991.
William M..Bloss