Nos. 05-30422, 05-30441.

474 F.3d 597 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Ahmed RESSAM, also known as Benni Antoine Noris, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Ahmed Ressam, also known as Benni Antoine Noris, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2007.

Attorney(s) appearing for the Case

John McKay, United States Attorney, Seattle, WA, for the plaintiff-appellant-cross-appellee.

Thomas W. Hillier, II, Federal Public Defender, and Michael Filipovic, First Assistant Federal Public Defender, Seattle, WA, for the defendant-appellee-cross-appellant.

Before: ALARCÓN, RYMER, and BERZON, Circuit Judges.

RYMER, Circuit Judge:

Ahmed Ressam trained with members of al Qaeda in Afghanistan and hatched a plot to detonate explosives at Los Angeles International Airport (LAX) in the days before the new Millennium. He was charged with, and convicted of, nine counts of criminal activity connected to this plot. Ressam challenges his conviction on one of these counts, Count 9, for carrying an explosive during the commission of a felony...

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