Enlarge / Pioneer Courthouse Square in Portland, Oregon, was the site of an attempted bombing on November 27, 2010. (credit: Craig Mitchelldyer / Getty Images News)

A federal appeals court has rejected an effort to overturn the Portland Christmas tree bomber’s conviction on the grounds that the surveillance to initially identify the suspect did not, in fact, require a warrant. On Monday, the 9th Circuit Court of Appeals also rejected an entrapment argument raised by lawyers for suspect Mohamed Osman Mohamud.

As Ars reported back in January 2016, the case (United States v. Mohamud) involves a Somali-American accused of trying to blow up a 2010 lighting ceremony in Portland. Undercover FBI agents posed as jihadis and presented Mohamud with the means to conduct the operation, which turned out to be wholly bogus. Mohamud was eventually found guilty and sentenced to 30 years in prison.

But after the conviction, the government disclosed that it used surveillance under Section 702 of the FISA Amendments Act to collect and search Mohamud’s e-mail. Seeing this, Mohamud’s legal team attempted to re-open the case—but the judge denied their motion. Mohamud’s defense raised this issue on appeal, but they have now been rejected by the 9th US Circuit Court of Appeals.