U.S. v. ABU ALI

Nos. 06-4334, 06-4521.

528 F.3d 210 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ahmed Omar ABU ALI, a/k/a Reda, a/k/a Hani, a/k/a Abi Umar, a/k/a Ashraf, a/k/a Abu Abdullah, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Ahmed Omar Abu Ali, a/k/a Reda, a/k/a Hani, a/k/a Abi Umar, a/k/a Ashraf, a/k/a Abu Abdullah, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 6, 2008.


Attorney(s) appearing for the Case

ARGUED: Joshua Lewis Dratel, New York, New York, for Ahmed Omar Abu Ali, Appellant/Cross-Appellee. David Howard Laufman, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for the United States, Appellee/Cross-Appellant. ON BRIEF: Joseph Margulies, University of Chicago Law School, Chicago, Illinois, for Ahmed Omar Abu Ali, Appellant/Cross-Appellee. Chuck Rosenberg, United States Attorney, Stephen M. Campbell, Assistant United States Attorney, Marla B. Tusk, Trial Attorney, Department of Justice, Office of the United States Attorney, Alexandria, Virginia, for the United States, Appellee/Cross-Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON, Judge MOTZ, and Judge TRAXLER wrote a joint opinion in this case. Judge WILKINSON and Judge TRAXLER join the opinion in its entirety. Judge MOTZ joins the opinion with the exception of footnote 5 and Section VII, as to which she has written a dissenting statement and opinion.


OPINION

WILKINSON, MOTZ, and TRAXLER, Circuit Judges:

Ahmed Omar Abu Ali was convicted by a jury of nine criminal counts arising from his affiliation with an al-Qaeda terrorist cell located in Medina, Saudi Arabia, and its plans to carry out a number of terrorist acts in this country. He was sentenced by the district court to 360 months imprisonment and 360 months of supervised release following imprisonment. Abu Ali appeals his convictions and the government...

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