Tuesday, September 20, 2011
U.S. Appeals Court throws out 17-year sentence for "Dirty Bomber" Jose Padilla as too lenient, Padilla aka Abdullah Al Muhajir was gang member of Maniac Latin Disciples.
The U.S. Appeals Court found that Padilla's original sentence of 17 years did not take into account his training in an Al-Qaeda camp. The defense is making all the allegations it can think of including that Jose Padilla, his photo above, was drugged with LSD while in custody and may attempt to take the case all the way to the Supreme Court. "Court says Padilla terror sentence was too lenient," by Curt Anderson for the Associated Press, September 19, 2011.
MIAMI (AP) — The 17-year prison sentence imposed on convicted terrorism plotter Jose Padilla is far too lenient for someone who trained to kill at an al-Qaida camp and also has a long, violent criminal history, a federal appeals court ruled Monday as it threw out the sentence.
A divided three-judge panel of the 11th U.S. Circuit Court of Appeals ordered a new sentencing hearing for Padilla, a U.S. citizen and Muslim convert convicted in 2007 along with two co-conspirators of several terrorism-related charges. Padilla, 40, was held for more than three years without charge as an enemy combatant before he was added to the Miami terror support case.
The ruling affirmed the convictions of Padilla, Adham Hassoun and Kifah Jayyousi on terrorism support and conspiracy charges. The sentences of Hassoun and Jayyousi — more than 15 years and more than 12 years, respectively — were also upheld.
Federal prosecutors objected in 2008 to Padilla's sentence and the appeals panel's majority agreed that U.S. District Judge Marcia Cooke, who presided over the four-month trial, made several errors in essentially discounting his sentence by 12 years. Among the mistakes, the appeals court found, was not taking into account Jose Padilla's training at the al-Qaida camp in Afghanistan.
Summary of activities from documents and U.S. Dept. of Defense interviews with Jose Padilla, DOB 10/18/1970, see link http://news.findlaw.com/wp/docs/padilla/pad52804dodsum2.html
Federal Bureau of Prisons inmate locater;
JOSE PADILLA -White-M -Relase date 11-18-2021 FLORENCE ADMAX USP.
U.S. law enforcement officials said that Abdullah Al Muhajir, 40, who officials say changed his name from Jose Padilla after adopting a radical brand of Islam while jailed in Florida, was believed to have been on a scouting mission for possible targets when he was arrested 05/08/2002 in Chicago. Jose Padilla was born in Brooklyn NY he later moved to Chicago, Illinois, where he joined the Maniac Latin Disciples street gang.
The judges also noted Padilla's 17 prior arrests, including involvement in a deadly fight as a juvenile, and ruled it was wrong for Cooke to use as a reference point several other terrorism cases in which defendants got relatively light sentences. The appeals panel also found error in Cooke's decision to reduce Padilla's sentence to account for his three-plus years at a South Carolina military brig as an enemy combatant.
"Although some downward variance is allowed in this circumstance, the district court abused its discretion," said the ruling written by the 11th Circuit Chief Judge Joel F. Dubina, who was joined by Circuit Judge William H. Pryor.
Dissenting was Circuit Judge Rosemary Barkett, who found some problems with an FBI agent's testimony during trial and said that Padilla was not informed of his Miranda rights when he was arrested at Chicago's O'Hare International Airport in 2002. Padilla was initially suspected of plotting to detonate a radioactive "dirty bomb" in the U.S., Al-Qaeda still does.......................
Bill Warner Private Investigator, SEX, CRIME, CHEATERS & TERRORISM at www.wbipi.com