U.S. v. HAYAT

No. 07-10457.

710 F.3d 875 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Hamid HAYAT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2013.


Attorney(s) appearing for the Case

Dennis P. Riordan and Donald M. Horgan , San Francisco, CA, for Defendant-Appellant.

S. Robert Tice-Raskin and Laura L. Ferris , Assistant U.S. Attorneys, Sacramento, CA; and Sharon Lever , Deputy Chief, Counterterrorism Section, U.S. Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Opinion by Judge BERZON; Dissent by Judge TASHIMA.


OPINION

BERZON, Circuit Judge:

Hamid Hayat, born in California in September 1983 and raised largely in Pakistan, was convicted of providing material support to terrorists, in violation of 18 U.S.C. § 2339A, and of making false statements to government officials, in violation of 18 U.S.C. § 1001. The terrorism statute criminalizes providing "material support or resources" to terrorists. The prosecution...

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