A Court Has Previously Denied An Appeal

CAMDEN, N.J. (CBSNewYork/AP)Two brothers convicted of planning to attack military personnel on installations in New Jersey and elsewhere are asking a judge to vacate their convictions, saying their lawyers made key mistakes in their defense.

Eljvir and Dritan Duka were among five foreign-born Muslims convicted in 2008 of planning attacks, including on Fort Dix.

They are serving life sentences. Eljvir Duka is in federal prison in Terra Haute, Ind., and Dritan Duka is in Florence, Colo.

In court papers filed last week, the two men argue that their lawyers were wrong to advise them not to testify and not to fight to admit recorded conversations that they say would have cleared them.

A court has previously denied an appeal and the U.S. Supreme Court did not consider it.

None of the five testified at their federal trial.

The five men were convicted for conspiring to kill American soldiers. Two informants helped the government build its case against the plotters.

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