ALBUQUERQUE, N.M. — The U.S. 10th Circuit Court of Appeals has overturned kidnapping convictions tied to the death of a 3-year-old boy in 2026. The panel concluded that no federal kidnapping offense took place, and the individuals involved cannot face retrial on those charges.

According to the appellate court, there was no evidence that Siraj Ibn Wahhaj violated any court order or state law when he took his son, meaning the act did not meet the criteria for a federal kidnapping. The court also found fault with jury instructions that suggested the mother’s lack of consent alone could establish the unlawfulness required under the federal statute.

"This instructional error was not harmless," the panel wrote. "Had the court correctly instructed on the law, the jury couldn’t have found unlawfulness based on the government’s evidence," the panel wrote.

The decision also impacted terrorism-related convictions. The panel vacated charges against Wahhaj and his brother-in-law alleging preparation for attacks on government institutions. The court noted both men were excluded from bench conferences concerning juror notes during deliberations.

The terrorism-related portion of the case was sent back to the district court, leaving open the possibility of new trials if prosecutors decide to proceed. Siraj Ibn Wahhaj, an American Imam born in 1950, was among those sentenced to life in prison in 2024.

Other family members received life sentences as well. Jany Leveille, a Haitian national and the fifth defendant, pleaded guilty to conspiracy to provide material support to terrorists and to possessing a firearm while unlawfully in the United States. He was sentenced to 15 years in prison.

Prosecutors claimed Leveille directed the family to leave Georgia with the boy and settle in a remote part of New Mexico, where they engaged in firearms and tactical training. They alleged this plan stemmed from a belief that the boy would be resurrected and guide the group in targeting specific institutions. A Georgia juvenile court had issued a pickup order for the child after the mother sought emergency custody, though this occurred after the group had already moved to New Mexico.

The boy disappeared from Georgia in 2017 and was later discovered dead at a compound in New Mexico. In 2018, authorities executed a raid on the property, where they found 11 children, 11 firearms, and ammunition. The remains of Abdul-Ghani Wahhaj were located in an underground tunnel on the site. Evidence presented at trial indicated the child died weeks after arriving in New Mexico and that his body was retained for months.

During the 2023 trial, defense arguments centered on claims of government overreach and asserted the defendants were targeted due to their Muslim faith. "What happened at the Taos compound was horrific. We are reviewing the case and assessing what further action may be appropriate," the U.S. attorney's office for the district of New Mexico wrote in an email.