United States Second Circuit

Judgments of convictions for offenses arising from involvement in an international conspiracy, led by Osama Bin Laden and organized through the al Qaeda terrorist network, to kill American citizens and destroy American facilities across the globe are affirmed and remanded for re-sentencing where: 1) the indictment was sufficient to support a conviction of a capital offense; 2) sufficient evidence supported the convictions; 3) the District Court's application of the Classified Information Procedures Act did not violate the Constitution; 4) a severance motion was properly denied; 5) statements of co-defendants, co-conspirators, and certain third parties were properly admitted at trial; 6) the government withheld exculpatory evidence; 7) there was no merit in co-defendant's suggestion that "cumulative error" deprived him of a fair trial; and 8) the application of certain enhancements to co-defendant's sentencing guidelines calculation was not in error. Insofar as co-defendant's sentence resulted from the mandatory application of the U.S. Sentencing Guidelines, he is entitled to be resentenced pursuant to U.S. v. Fagans, 406 F.3d 138 (2d Cir. 2005).

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

Court

• United States Second Circuit

Counsel