United States Fourth Circuit

Convictions of Muslim men, who belonged to a group preparing for jihad against "the enemies of Islam," on various counts related to a conspiracy to wage armed conflict against the U.S. and against a country the U.S. is at peace with, are affirmed where all of the convictions were supported by substantial evidence and were obtained without material error. Two of the defendants' sentences were correctly imposed, however the third defendant's sentence represents an unreasonable downward variance from his recommended guideline range and is remanded for resentencing.

Appellate Information

• Argued 05/25/2006
• Decided 09/01/2006
• Published 09/01/2006

Judges

• Before WIDENER and DUNCAN, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Kenneth Zwerling, Zwerling, Leibig & Moseley, P.C., Alexandria, Virginia;  Jonathan Shapiro, Alexandria, Virginia;  William B. Cummings, Alexandria, Virginia, for Appellants.  Gordon Dean Kromberg, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee.