US v. Stewart, No. 06-5015

Defendants' convictions for violating government restrictions on communications and other contacts with Sheikh Omar Ahmad Ali Abdel Rahman, a high-security federal prisoner, are affirmed in part where: 1) defendants concealed their efforts to obtain statements from Rahman to publicize on his behalf; 2) Rahman's attorney agreed to the restrictions and thus could not collaterally attack their constitutionality; and 3) a reasonable jury could have found that defendants participated in a conspiracy to murder persons abroad.  However, the sentence of one defendant, who was Rahman's attorney, is vacated where the district court needed to 1) reconsider the extent to which her status as a lawyer affected the appropriate sentence; and 2) determine whether defendant's conduct was perjurious and, if so, determine its effect on her sentence.

Read US v. Stewart, No. 06-5015

Appellate Information

Argued: January 29, 2008

Decided: November 17, 2009

Judges

Opinion by Judge Sack

Concurrence by Judge Calabresi

Dissent by Judge Walker

Counsel

For Appellants:

Joshua L. Dratel, Meredith S. Heller, Erik B. Levin, David B. Rankin, Law Offices of Joshua L. Dratel, P.C., New York, NY

For Appellee:

Anthony S. Barkow, Andrew S. Dember, Michael D. Maimin, Diane Gujarati, Katherine Polk Failla and Celeste L. Koeleveld, Assistant United States Attorneys, New York, NY