U.S. v. MOUSSAOUI

No. 03-4792.

365 F.3d 292 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Zacarias MOUSSAOUI, a/k/a Shaqil, a/k/a Aba Khalid al Sahrawi, Defendant-Appellee, Center for National Security Studies, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 22, 2004.


Attorney(s) appearing for the Case

ARGUED: Paul N. Clement, Deputy Solicitor General, United States Department Of Justice, Washington, D.C., for Appellant. Frank Willard Dunham, Jr., Federal Public Defender, Alexandria, Virginia; Edward Brian MacMahon, Jr., Middleburg, Virginia, for Appellee. ON BRIEF: Christopher A. Wray, Assistant Attorney General, Patrick F. Philbin, Associate Deputy Attorney General, Jonathan L. Marcus, United States Department Of Justice, Washington, D.C.; Paul J. McNulty, United States Attorney, Robert A. Spencer, Assistant United States Attorney, Kenneth M. Karas, Assistant United States Attorney, David J. Novak, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Gerald T. Zerkin, Jr., Senior Assistant Federal Public Defender, Kenneth P. Troccoli, Assistant Federal Public Defender, Anne M. Chapman, Assistant Federal Public Defender, Alexandria, Virginia, Alan H. Yamamoto, Alexandria, Virginia, for Appellee. Kathleen Clark, Joseph Onek, Center For National Security Studies, Washington, D.C., for Amicus Curiae.

Before WILKINS, Chief Judge, and WILLIAMS and GREGORY, Circuit Judges.


Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge WILLIAM W. WILKINS announced the judgement of the court and wrote an opinion, in which Judge WILLIAMS concurs as to Parts I, II, IV.C.2a. through IV.C.2.c., and V.A. through V.C., and in which Judge GREGORY concurs except as to Part V.C. Judge WILLIAMS wrote an opinion concurring in part and dissenting in part, Judge GREGORY wrote an opinion concurring in part and dissenting in part.

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