17 years too little time for convicted terror plotter , federal lower court judge . Ruling : Federal judge in 2007 trial did n't weigh criminal charges adequately . Dissenter : Lower - court judge 's sentencing discretion should n't be question . Jose Padilla , 40 , a former gang member , plotted to set off ` ` dirty bomb ''
17 years too little time for convicted terror plotter , federal appeals court rules . Ruling : Federal judge in 2007 trial did n't weigh criminal history adequately . Dissenter : Lower-court judge 's sentencing discretion should n't be question . Jose Padilla , 40 , a former gang member , plotted to set off `` dirty bombs ''