Appeal from the United States District Court for the Eastern District of Tennessee at Greeneville.
No. 2:19-cr-00014-1—J. Ronnie Greer, District Judge.
Argued: June 14, 2023
Decided and Filed: July 11, 2023
Before: BOGGS, GIBBONS, and McKEAGUE, Circuit Judges.
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OPINION
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BOGGS, Circuit Judge. A jury convicted Xiaorong You, a chemical engineer, of stealing
trade secrets from her former employers. On appeal, You argues that the district court admitted
racist testimony that denied her a fair trial, gave jury instructions that mischaracterized the
government’s burden of proof as to You’s knowledge of the trade secrets and their value to
China, and, in calculating her sentence, both improperly considered and unreasonably calculated
the loss that she intended to cause.
We affirm You’s conviction, but vacate the sentence imposed and remand for
resentencing. The district court did not err in its evidentiary rulings, its jury instructions, or its
reliance on intended loss. However, in calculating the intended loss, the district court clearly
erred by relying on market estimates that it deemed speculative and by confusing anticipated
sales of You’s planned business with its anticipated profits. |