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U.S. v. KHAN

Nos. 04-4519 No. 04-4520 No. 04-4521 No. 05-4811 No. 05-4818 No. 05-4893.

461 F.3d 477 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Masoud Ahmad KHAN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Seifullah Chapman, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Hammad Abdur-Raheem, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Masoud Ahmad Khan, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Seifullah Chapman, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Hammad Abdur-Raheem, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 1, 2006.

Attorney(s) appearing for the Case

ARGUED: John Kenneth Zwerling, Zwerling, Leibig & Moseley, P.C., Alexandria, Virginia; Jonathan Shapiro, Alexandria, Virginia; William B. Cummings, Alexandria, Virginia, for Appellants. Gordon Dean Kromberg, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee.

Before WIDENER and DUNCAN, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed in part; remanded in part by published opinion. Judge Duncan wrote the majority opinion, in which Judge Widener joined. Judge Goodwin wrote a separate opinion concurring in part and dissenting in part.

OPINION

DUNCAN, Circuit Judge:

Defendants Masoud Khan ("Khan"), Seifullah Chapman ("Chapman"), and Hammad Abdur-Raheem ("Hammad") appeal their convictions after a bench trial on various counts related to a conspiracy to wage armed conflict...

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