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U.S. v. MOUSSAOUI

No. 03-4792.

382 F.3d 453 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Zacarias MOUSSAOUI, a/k/a Shaqil, a/k/a Abu Khalid al Sahrawi, Defendant-Appellee, Center for National Security Studies, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 13, 2004.

Attorney(s) appearing for the Case

ARGUED: Paul D. Clement, Deputy Solicitor General, United States Department of Justice, Washington, D.C., for Appellant. Frank Willard Dunham, Jr., Federal Public Defender, Alexandria, Virginia; Edward Brian MacMahon, Jr., Middleburg, Virginia, for Appellee. ON BRIEF: Christopher A. Wray, Assistant Attorney General, Patrick F. Philbin, Associate Deputy Attorney General, Jonathan L. Marcus, United States Department of Justice, Washington, D.C.; Paul J. McNulty, United States Attorney, Robert A. Spencer, Assistant United States Attorney, Kenneth M. Karas, Assistant United States Attorney, David J. Novak, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Gerald T. Zerkin, Jr., Senior Assistant Federal Public Defender, Kenneth P. Troccoli, Assistant Federal Public Defender, Anne M. Chapman, Assistant Federal Public Defender, Alexandria, Virginia; Alan H. Yamamoto, Alexandria, Virginia, for Appellee. Kathleen Clark, Joseph Onek, Center for National Security Studies, Washington, D.C., for Amicus Curiae.

Before WILKINS, Chief Judge, and WILLIAMS and GREGORY, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge WILKINS announced the judgment of the court and wrote an opinion, in which Judge WILLIAMS concurs, and in which Judge GREGORY concurs except as to Part V.C. Judge WILLIAMS wrote a concurring opinion. Judge GREGORY wrote an opinion concurring in part and dissenting in part.

WILKINS, Chief Judge.

The Government appeals a series of rulings by the district court granting Appellee...

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