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USS Nicholas (US Navy photo)

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Judge won't acquit convicted pirates

5 who attacked USS Nicholas sentencing on Monday

Updated: Friday, 11 Mar 2011, 2:09 PM EST
Published : Friday, 11 Mar 2011, 1:56 PM EST

NORFOLK, Va. (AP) - A federal judge won't overturn the conviction of five Somali men convicted of piracy for attacking a U.S. Navy ship off Africa.

U.S. District Judge Mark Davis on Wednesday denied their attorneys' motions that the men be acquitted.

The attorneys had asked Davis to look at defense claims that the men who attacked the Norfolk-based USS Nicholas last April didn't commit piracy because they did not board or rob the frigate. They cited a Congressional Research Service report suggesting the 1819 definition of piracy could limit government prosecution of individuals as pirates.

Davis wrote that the report doesn't appear to contain any original substantive legal analysis.

The men are scheduled to be sentenced to life in prison on Monday.
 

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