Padilla, 43, was originally sentenced in 2008 to 17 years in prison for terrorism support and conspiracy convictions.
This case is back before Miami US District Judge Marcia Cooke because the 11th US Circuit Court of Appeals ruled in 2011 that the sentence was too lenient, given Padilla's lengthy criminal record as a Chicago gang member and terrorist training at an al-Qaida camp in Afghanistan.
"He is far more sophisticated than an individual convicted of an ordinary street crime," the appeals judges said. Since the appeals court's ruling, the case has been in limbo.
Prosecutors did say in a February 5 filing that the appeals court decision should not allow for a re-opening of the case beyond the sentencing issues or to discuss such issues as Padilla's treatment at the so-called "Supermax" federal prison in Florence, Colorado. He is currently house at a Miami federal detention center.
Padilla, a US citizen who became a Muslim convert in prison, was arrested by the FBI in 2002 at Chicago's O'Hare International Airport in what authorities at the time said was an al-Qaida plot to detonate a radioactive "dirty bomb" in a major US city.
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