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U.S. v. DIRE

Nos. 11-4310, 11-4313, 11-4311, 11-4317, 11-4312.

680 F.3d 446 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Abdi Wali DIRE, Defendant-Appellant. Office of the Federal Public Defender, Amicus Supporting Appellant. United States of America, Plaintiff-Appellee, v. Gabul Abdullahi Ali, Defendant-Appellant. Office of the Federal Public Defender, Amicus Supporting Appellant. United States of America, Plaintiff-Appellee, v. Abdi Mohammed Umar, Defendant-Appellant. Office of the Federal Public Defender, Amicus Supporting Appellant. United States of America, Plaintiff-Appellee, v. Abdi Mohammed Gurewardher, Defendant-Appellant. Office of the Federal Public Defender, Amicus Supporting Appellant. United States of America, Plaintiff-Appellee, v. Mohammed Modin Hasan, Defendant-Appellant. Office of the Federal Public Defender, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 2012.

Attorney(s) appearing for the Case

ARGUED: James R. Theuer , Norfolk, Virginia; Jon Michael Babineau , Riddick Babineau, PC, Norfolk, Virginia; David Wayne Bouchard , David Wayne Bouchard, Chesapeake, Virginia, for Appellants. Benjamin L. Hatch , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: William James Holmes , Virginia Beach, Virginia, for Appellant Gabul Abdullahi Ali; James E. Short , James E. Short, PLC, Chesapeake, Virginia, for Appellant Abdi Mohammed Umar. Neil H. MacBride , United States Attorney, Alexandria, Virginia, Joseph E. DePadilla , Assistant United States Attorney, John S. Davis , Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee. Michael S. Nachmanoff , Federal Public Defender, Geremy C. Kamens , Assistant Federal Public Defender, Jeffrey C. Corey , Research & Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Amicus Supporting Appellants.

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

OPINION

KING, Circuit Judge:

In the early morning hours of April 1, 2010, on the high seas between Somalia and the Seychelles (in the Indian Ocean off the east coast of Africa), the defendants— Abdi Wali Dire, Gabul Abdullahi Ali, Abdi Mohammed Umar, Abdi Mohammed Gurewardher, and Mohammed Modin Hasan— imprudently launched an attack on the USS Nicholas, having confused that mighty Navy frigate...

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