A federal judge in Virginia may toss out parts of a 10-count conviction against an Islamic scholar serving life in prison for persuading some followers to try to join the Taliban after the Sept. 11 attacks.
The review in the case of Ali Al-Timimi, of Fairfax, comes after the Supreme Court struck down as unconstitutionally vague part of a federal law regulating crimes of violence on Monday.
On Tuesday, Judge Leonie Brinkema gave prosecutors 30 days to explain why she shouldn't overturn three of the 10 counts on which Al-Timimi was convicted in 2005.
Al-Timimi would still have significant sentences on the remaining counts, which include soliciting treason. But the life sentence would be unlikely to survive.
Some of Al-Timimi's followers had trained for potential jihad by playing paintball.