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U.S. v. MOHAMMED

No. 09-3001.

693 F.3d 192 (2012)

UNITED STATES of America, Appellee v. Khan MOHAMMED, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 4, 2012.

Reissued September 21, 2012.

Ordered Unsealed September 21, 2012.

Attorney(s) appearing for the Case

Shardul S. Desai argued the cause for appellant. With him on the briefs was Peter S. Spivack , appointed by the court.

Vijay Shanker , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Lanny A. Breuer , Assistant Attorney General, and Matthew Robert Stiglitz , Attorney, U.S. Department of Justice. Kevin R. Gingras and Teresa A. Wallbaum , Attorneys, U.S. Department of Justice, and Roy W. McLeese III , Assistant U.S. Attorney, entered appearances.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge KAVANAUGH.

GRIFFITH, Circuit Judge:

Khan Mohammed challenges his conviction and life sentence for narcoterrorism. He also claims that his trial counsel provided ineffective assistance. We affirm Mohammed's conviction and sentence but remand for the district court to hold an evidentiary hearing on the claim of ineffective assistance.

I

While living in Pakistan in 2006, a man named Jaweed, who hailed from the village...

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