United States Eleventh Circuit

Dismissal as multiplicitous of a count in a superseding indictment charging Jose Padilla and other defendants with various crimes arising from their alleged participation in a "support cell" with the aim of "promot[ing] violent jihad" as espoused by a "radical Islamic fundamentalist movement," is reversed where, in light of the distinct elements of each count, the Blockburger test is satisfied and none of the contested counts is multiplicitous of the others.

Appellate Information

• Decided 01/30/2007
• Published 01/30/2007

Judges

• TJOFLAT, Circuit Judge:, Before EDMONDSON, Chief Judge, and TJOFLAT and GIBSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Lisa T. Rubio, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.


• For Appellees:
  
• Kenneth M. Swartz (Court-Appointed), Law Office of Kenneth M. Swartz, P.A., Jeanne Baker (Court-Appointed), Jeanne Baker, P.A., Michael T. Caruso, Fed. Pub. Def., Miami, FL, William W. Swor (Court-Appointed), Law Office of William W. Swor, Detroit, MI, Kathleen, M. Williams, Fed. Pub. Def., West Palm Beach, FL, Andrew Patel, Law Office of Andrew Patel, New York City, for Defendants-Appellees.