A man convicted in 2008 of conspiring to kill military personnel on the Army's Fort Dix base is asking the U.S. Supreme Court to weigh in on a key aspect of the case.

The lawyer for Serdar Tatar submitted a request Tuesday to the nation's top court. He wants the court to re-evaluate a decision last year by the U.S. 3rd Circuit Court of Appeals, which found the federal government applied the Foreign Intelligence Surveillance Act correctly in the case.

The lawyer, Richard Sparaco, says it was wrong to use information gathered through the use of audio recordings under the act in a domestic criminal case.

Sparaco said lawyers for the four other defendants, all young Muslims who grew up in the southern New Jersey suburbs of Philadelphia, also plan to appeal.

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