United States Ninth Circuit

Convictions for providing material support to terrorists, by attending a terrorist training camp in Pakistan and returning to this country to await orders to carry out a terrorist attack, and related charges are affirmed, where: 1) that the district court did not clearly err in determining that the jury's foreperson was not motivated by an impermissible racial, ethnic, or religious bias; 2) any error in preventing a witness from answering on cross-examination questions about whether the defendant ever told the witness that the defendant attended a camp run by a non-Jihadist religious organization could not have been prejudicial, as the information was already in the record; 3) the district court did not plainly err by failing to admit the excluded statement that defendant never intended to go to a camp; 4) the district court did not err in precluding discovery of information about a witness, a confidential informant, under the Classified Information Procedures Act, or in limiting the defendant's cross-examination of the witness concerning the information; 5) the district court did not err in admitting under Fed. R. Evid. 702 an Islamic studies expert's testimony about the meaning and implications of an Arabic note found in the defendant's wallet upon his return from Pakistan; 6) the district court did not err in excluding a defense expert, for lack of qualification, on the meaning of the Arabic note; 7) the district court did not err in excluding the testimony of defense expert, a form FBI agent; and 8) the court lacks jurisdiction to hear defendant's appeal of the district court's order dismissing defendant's motion to vacate his convictions.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel