17 years too little time for convicted terror plotter , federal appeals court rules . Ruling : The current ruling is U.S. v. Padilla ( 08-10494 ) . Federal judge in 2007 ruled that the government could not keep Khalid Shaikh Mohammed and four other men imprisoned without trial because they were part of a conspiracy to kill Americans on American soil. 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 ''
17 years too little time for convicted terror plotter , federal appeals court rules . Ruling : Federal judge in 2007 ruled that the government could not keep Khalid Shaikh Mohammed and four other men imprisoned without trial because they were part of a conspiracy to kill Americans on American soil. 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 ''