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U.S. v. EL-MEZAIN

Nos. 09-10560, 08-10664, 08-10774, 10-10590 and 10-10586.

664 F.3d 467 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Mohammad EL-MEZAIN; Ghassan Elashi; Shukri Abu Baker; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF, Defendants-Appellants. United States of America, Plaintiff-Appellee, v. Shukri Abu Baker; Mohammad El-Mezain; Ghassan Elashi; Mufid Abdulqader; Abdulrahman Odeh, Defendants-Appellants. United States of America, Plaintiff-Appellee, v. Mohammad El-Mezain, Defendant-Appellant. United States of America, Plaintiff-Appellee-Cross-Appellant, v. Holy Land Foundation for Relief and Development, also known as HLF, Defendant-Appellant-Cross-Appellee. United States of America, Plaintiff, v. Shukri Abu Baker, Defendant, Nancy Hollander, Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised December 27, 2011.

Attorney(s) appearing for the Case

Susan Cowger , Asst. U.S. Atty. (argued), Dallas, TX, Joseph Francis Palmer (argued), U.S. Dept. of Justice, Civ. Div. App. Staff, Washington, DC, for Plaintiff-Appellee.

Joshua L. Dratel (argued), (Court-Appointed), Aaron J. Mysliwiec (Court-Appointed), Law Offices of Joshua L. Dratel, P.C., New York City, John D. Cline (argued), San Francisco, CA, Linda Moreno , Tampa, FL, Nancy Hollander (Court-Appointed), Theresa M. Duncan , Freedman, Boyd, Hollander, Goldberg, Ives & Duncan, P.A., Albuquerque, NM, Marlo Pfister Cadeddu (Court-Appointed), Dallas, TX, Gregory Burke Westfall (Court-Appointed), Arlington, TX, Ranjana Natarajan (argued), University of Texas School of Law, National Security Clinic, Austin, TX, for Defendants-Appellants.

J. Craig Jett , Burleson, Pate & Gibson, L.L.P., Dallas, TX, for American Friends of Service Committee, Atlantic Philanthropies, Carter Center, Christian Peacemaker Teams, Constitution Project, Council on Foundations, Nathan Cummings Foundation, Fund for Constitutional Government, Global Greengrants Fund, Grantmakers Without Borders, Grassroots International, Humanitarian Law Project, Islamic Relief U.S.A., Milt Lauenstein, Operation, U.S.A., Peace Appeal Foundation, Rockefeller Brothers Fund, Samuel Rubin Foundation, Rutherford Institute, Tikva Grassroots Empowerment Fund, Urgent Action Fund for Women's Human Rights, Amici Curiae.

Jean-Jacques Cabou , Osborn Maledon, P.A., Phoenix, AZ, for National Association of Criminal Defense Lawyers, Amicus Curiae.

Michael E. Tigar (argued), Pittsboro, NC, K.C. Goodwin Maxwell, San Francisco, CA, for Appellant in No. 10-10586.

Before KING, GARZA and GRAVES, Circuit Judges.

KING, Circuit Judge:

In this consolidated case, we address the appeals of five individuals and one corporate defendant convicted of conspiracy and substantive offenses for providing material aid and support to a designated terrorist organization. The terrorist organization at issue is Hamas, which in 1995 was named a Specially Designated Terrorist by Presidential Executive Order pursuant to authority granted by the International Emergency Economic Powers Act, 50 U...

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