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U.S. v. AWAN

Docket Nos. 07-4315-cr(L), 07-4601-cr(XAP).

607 F.3d 306 (2010)

UNITED STATES of America, Appellee-Cross-Appellant, v. Khalid AWAN, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 14, 2010.

Attorney(s) appearing for the Case

Sean Michael Maher, Wahid, Vizcaino & Maher LLP, New York, NY, for Defendant-Appellant-Cross-Appellee Khalid Awan.

Kelly T. Currie, Assistant United States Attorney (David C. James, Marshall L. Miller, Karin Klapper Orenstein, Andrew E. Goldsmith, Assistant United States Attorneys, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee-Cross-Appellant United States of America.

Before POOLER, RAGGI, and LIVINGSTON, Circuit Judges.

DEBRA ANN LIVINGSTON, Circuit Judge:

Cross-Appellant the United States appeals from a judgment of conviction and sentence of the United States District Court for the Eastern District of New York (Charles P. Sifton, Judge) finding the Sentencing Guidelines' terrorism enhancement, which applies to felonies that "involved, or [were] intended to promote, a federal crime of terrorism," U.S.S.G. § 3A1.4, inapplicable to all of Cross-Appellee Khalid Awan's counts...

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