The decision was disclosed Wednesday by defense attorney Richard Sparaco. No reason was given.
Mohamad Shnewer, Serdar Tatar (sur-DAR' tah-TAR') and brothers Dritan, Eljvir and Shain Duka were arrested in May 2007. A federal jury in Camden the next year convicted them of conspiring to kill U.S. military personnel at Fort Dix, 15 miles southeast of Trenton. A judge cited what he called their radical Islamist ideology.
The men are immigrants who grew up in the New Jersey suburbs of Philadelphia. Four are serving life terms.
Defense lawyers had questioned prosecutors' use of wiretaps obtained under the Foreign Intelligence Surveillance Act, claiming it was unconstitutional to use them in a domestic criminal case.