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ODAH v. U.S.

No. 09-5331.

611 F.3d 8 (2010)

Fawzi Khalid Abdullah Fahad Al ODAH, Detainee and Khaled Al Odah, Next friend of Fawzi Khalid Abdullah Fahad Al Odah, Appellants v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2010.

Attorney(s) appearing for the Case

David J. Cynamon argued the cause for appellants. With him on the briefs were Matthew J. MacLean and Thomas G. Allen.

Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Heath Gershengorn, Deputy Assistant Attorney General, and Robert M. Loeb, Attorney. August E. Flentje, Attorney, entered an appearance.

Before SENTELLE, Chief Judge, ROGERS and GARLAND, Circuit Judges.

SENTELLE, Chief Judge:

Fawzi Khalid Abdullah Fahad al Odah, a detainee at Guantanamo Bay, Cuba, and his next friend appeal from the district court's denial of his petition for a writ of habeas corpus. Appellants contend that the preponderance of the evidence standard employed by the district court is unconstitutional. That argument is foreclosed by precedent. Appellants further contend that the district court erred in admitting hearsay evidence. Again, controlling...

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