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U.S. v. AMAWI

Nos. 09-4339, 09-4340, 09-4341, 09-4342, 09-4344, 09-4345, 11-4079.

695 F.3d 457 (2012)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Mohammad AMAWI, Marwan El-Hindi, and Wassim I. Mazloum, Defendants-Appellants/Cross-Appellees. United States of America, Plaintiff-Appellee, v. Mohammad Amawi, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2012.

Attorney(s) appearing for the Case

ARGUED: Amy B. Cleary , Office of the Federal Public Defender, Cleveland, Ohio, Stephen D. Hartman , Kerger & Hartman, LLC, Toledo, Ohio, David L. Doughten , Cleveland, Ohio, for Appellants/Cross-Appellees. John F. De Pue , United States Department of Justice, Washington, D.C., Thomas E. Getz , United States Attorney's Office, Cleveland, Ohio, for Appellee/Cross-Appellant. Edward G. Bryan , Office of the Federal Public Defender, Cleveland, Ohio, for Appellant in 11-4079. Justin E. Herdman , United States Attorney's Office, Cleveland, Ohio, for Appellee in 11-4079. ON BRIEF: Amy B. Cleary , Office of the Federal Public Defender, Cleveland, Ohio, Stephen D. Hartman , Kerger & Hartman, LLC, Toledo, Ohio, Charles M. Boss , Boss & Vitou, Maumee, Ohio, Deborah K. Rump , Canton, Ohio, David L. Doughten , Cleveland, Ohio, Jeffrey J. Helmick , Toledo, Ohio, for Appellants/Cross-Appellees. John F. De Pue , Paul Ahern , United States Department of Justice, Washington, D.C., Thomas E. Getz , Justin E. Herdman , United States Attorney's Office, Cleveland, Ohio, for Appellee/Cross-Appellant. Edward G. Bryan , Office of the Federal Public Defender, Cleveland, Ohio, Melissa M. Salinas , Office of the Federal Public Defender, Toledo, Ohio, for Appellant in 11-4079. Justin E. Herdman , United States Attorney's Office, Cleveland, Ohio, Thomas E. Getz , John F. De Pue , United States Department of Justice, Washington, D.C., for Appellee in 11-4079.

BOGGS, J., delivered the opinion of the court, in which CLAY, J., joined and MOORE, J., concurred in the judgment. MOORE, J. (pp. 490-505) delivered a separate concurring opinion.

OPINION

BOGGS, Circuit Judge.

This appeal arises from a jury trial in which the three defendants were convicted of conspiracy to kill and maim persons outside the United States, in violation of 18 U.S.C. § 956(a)(1), and of conspiracy to provide material support to terrorists in furtherance of the killing of U.S. nationals, in violation of 18 U.S.C. § 2339A. In addition, Amawi and El-Hindi were each convicted of two counts of distributing information...

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