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U.S. v. HASSOUN

No. 06-15845.

476 F.3d 1181 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Adham Amin HASSOUN, Kifah Wael Jayyousi, a.k.a. Abu Mohamed, Jose Padilla, a.k.a. Ibrahim, a.k.a. Abu Abdullah Al Mujahir, a.k.a. Abu Abu Abdullah the Puerto Rican, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 30, 2007.

Attorney(s) appearing for the Case

Lisa T. Rubio, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.

Kenneth M. Swartz (Court-Appointed), Law Office of Kenneth M. Swartz, P.A., Jeanne Baker (Court-Appointed), Jeanne Baker, P.A., Michael T. Caruso, Fed. Pub. Def., Miami, FL, William W. Swor (Court-Appointed), Law Office of William W. Swor, Detroit, MI, Kathleen, M. Williams, Fed. Pub. Def., West Palm Beach, FL, Andrew Patel, Law Office of Andrew Patel, New York City, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and TJOFLAT and GIBSON, Circuit Judges.

TJOFLAT, Circuit Judge:

The Government appeals the dismissal of Count One of a superseding indictment that charges the defendants with various crimes arising from their alleged participation in a "support cell" with the aim of "promot[ing] violent jihad" as espoused by a "radical Islamic fundamentalist movement." The district court ruled that Count One was multiplicitous of Counts Two and Three — that is, that the superseding indictment charged the same offense...

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