MIAMI (CBSMiami.com) – The 11th U.S. Circuit Court of Appeals in Miami has thrown out the 17-year prison sentence to dirty bomb terror suspect Jose Padilla saying the sentence was too lenient.

Padilla and two co-conspirators were convicted in 2007 after a three-month trial in which prosecutors said the group sent money, recruits, and supplies to Islamic extremist groups including al-Qaida.

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Padilla was arrested in 2002 at Chicago’s O’Hare International Airport on suspicion of plotting to set off a radioactive dirty bomb. He was held without trial for three and a half years as an enemy combatant before he was criminally charged.

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The 11th Circuit did uphold all of the convictions, but sent the case back to the judge for a new sentencing hearing.

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