A Miami federal judge on Monday threw out the lead count of a conspiracy indictment against Jose Padilla and two co-defendants in the latest setback for the government in its bid to prosecute the trio as terror supporters.

U.S. District Judge Marcia Cooke threw out the first count of the indictment against Padilla, a former Broward County resident, and Adham Amin Hassoun and Kifah Wael Jayyousi, making the possibility of a life sentence much more difficult for prosecutors to achieve.

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