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U.S. v. SAID

No. 10-4970.

680 F.3d 374 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Mohamed Ali SAID, a/k/a Mohammed Said, a/k/a Maxamad Cali Saciid; Mohamed Abdi Jama, a/k/a Mohammed Abdi Jamah; Abdicasiis Cabaase; Abdi Razaq Abshir Osman, a/k/a Abdirasaq Abshir; Mohamed Farah, a/k/a Mahamed Farraah Hassan, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 23, 2012.

Attorney(s) appearing for the Case

ARGUED: Benjamin L. Hatch , Office of the United States Attorney, Alexandria, Virginia, for Appellant. Geremy C. Kamens , Office of the Federal Public Defender, Alexandria, Virginia, for Appellees. ON BRIEF: Neil H. MacBride , United States Attorney, Alexandria, Virginia, Joseph E. DePadilla , Raymond E. Patricco, Jr. , Assistant United States Attorneys, Office of the United States Attorney, Norfolk, Virginia; Virginia Vander Jagt , Jerome Teresinski , United States Department of Justice, Washington, D.C., for Appellant. Michael S. Nachmanoff , Federal Public Defender, Jeffrey C. Corey , Office of the Federal Public Defender, Alexandria, Virginia, Keith Loren Kimball , Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellee Mohamed Ali Said; Robert B. Rigney , Protogyrou & Rigney, PLC, Norfolk, Virginia, for Appellee Mohamed Abdi Jama; Bruce C. Sams , Norfolk, Virginia, for Appellee Abdicasiis Cabaase; Trey R. Kelleter , Vandeventer Black, LLP, Norfolk, Virginia, for Appellee Abdi Razaq Abshir Osman; David M. Good , David Michael Good, PC, Virginia Beach, Virginia, for Appellee Mohamed Farah.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge DAVIS and Judge KEENAN joined.

OPINION

KING, Circuit Judge:

The government appeals from the district court's published opinion and order of August 17, 2010, granting the joint pretrial motion of the five defendants-appellees— Mohamed Ali Said, Mohamed Abdi Jama, Abdicasiis Cabaase, Abdi Razaq Abshir Osman, and Mohamed Farah—to dismiss the 18 U.S.C. § 1651 piracy count from the eight-count superseding indictment brought against them. See United States

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