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U.S. v. JAYYOUSI

No. 08-10494.

657 F.3d 1085 (2011)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Kifah Wael JAYYOUSI, a.k.a. Abu Mohamed, Adham Amin Hassoun, Defendants-Appellants, Jose Padilla, a.k.a. Ibrahim, a.k.a. Abu Abdullah AI Mujahir, a.k.a. Abu Abu Abdullah the Puerto Rican, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 19, 2011.

Attorney(s) appearing for the Case

David W. DeBruin (Court-Appointed); Lawrence D. Rosenberg (Court-Appointed), Jones Day Law Firm, Matthew S. Hellman (Court-Appointed), Jenner & Block LLP, Washington, DC, Kenneth M. Swartz (Court-Appointed), Law Office of Kenneth M. Swartz , P.A., Marshall Dore Louis (Court-Appointed), Sinclair, Louis, Heath, Nussbaum, Miami, FL, William W. Swor (Court-Appointed), Detroit, MI, Timothy Cone, Michael T. Caruso , Fed. Pub. Defenders, Paul M. Rashkind , Asst. Fed. Pub. Def., Miami, FL, for Defendants.

Lisa T. Rubio , Brian K. Frazier , John Charlton Shipley, Jr. , Anne R. Schultz , Asst. U.S. Atty., Miami, FL, Dan Harrenstine, U.S. Dept. of Justice, Washington, DC, Plaintiff-Appellee, Cross-Appellant.

Before DUBINA, Chief Judge, and BARKETT and PRYOR, Circuit Judges.

DUBINA, Chief Judge:

I. BACKGROUND

A federal grand jury in the Southern District of Florida indicted Appellants Adham Hassoun, Kifah Jayyousi, and Jose Padilla (referred to individually by name or collectively as "defendants"), along with Mohammed Youssef and Kassem Daher, for offenses relating to their support for Islamist violence overseas.1 Count 1 charged defendants with conspiring in the United States to murder, kidnap,...

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