MIAMI — The 11th U.S. Circuit Court of Appeals on Tuesday reinstated the most serious terror charge against accused al Qaida operative [tag]Jose Padilla and his two co-defendants[/tag], overturning a Miami court’s ruling that the charge duplicated allegations in the indictment’s other two counts.

The three judge panel which heard the case earlier this month wrote that the counts were interrelated but not the same because each required a separate element of proof.

The murder conspiracy count thrown out by U.S. District Judge Marcia Cooke in August carried a possible life sentence, while the two remaining terror charges carried a total possible sentence of 20 years.

“We are gratified by the 11th Circuit’s swift decision and look forward to presenting the evidence at trial,” U.S. Attorney R. Alexander Acosta said in a statement.

Lawyers for Padilla and co-defendants Adham Amin Hassoun and Kifah Wael Jayyousi have 21 days to ask for a rehearing. The case is set for trial April 16.

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