Articles Posted in US Court of Appeals for the Fourth Circuit

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The Fourth Circuit affirmed defendant's conviction for providing and conspiring to provide material support to terrorists, in violation of 18 U.S.C. 2339A, and conspiring and attempting to destroy an aircraft of the United States Armed Forces, in violation of 18 U.S.C. 32. Defendant was convicted for acts associated with an attack on an Afghan Border Police post at Camp Leyza. As a preliminary matter, the court held that it had jurisdiction to determine whether defendant qualified as a POW and was entitled to combatant immunity under the Geneva Convention Relative to the Treatment of Prisoners of War, irrespective of Army Regulation 190-8. On the merits, the court held that defendant was not entitled to combatant immunity under the Convention where the conflict in Afghanistan was not an international armed conflict. Consequently, because defendant did not qualify for combatant immunity pursuant to the Third Geneva Convention, he did not qualify for the common law defense of public authority. The court also held that section 32 clearly applied to otherwise lawful military actions committed during armed conflicts. In this case, defendant was convicted of attempting to fire anti-aircraft weapons at U.S. military helicopters, an attack that fell under the plain language of section 32. View "United States v. Hamidullin" on Justia Law

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This appeal arose out of litigation by family members of United States sailors killed in the bombing of the U.S.S. Cole against the Republic of Sudan for its alleged support of Al Qaeda. The district court denied Sudan's motion to vacate default judgments entered against it. The Fourth Circuit reversed the district court's order, holding that plaintiffs' method of serving process did not comport with the statutory requirements of 28 U.S.C. 1608(a)(3), and thus the district court lacked personal jurisdiction over Sudan. The court remanded to the district court with instructions to allow Kumar the opportunity to perfect service of process. View "Kumar v. Republic of Sudan" on Justia Law