Big Sixth Circuit Terrorism Case

Haven’t read this yet, but U.S. v. Amawi, which came down yesterday, looks pretty interesting. The opinion is by Judge Danny Boggs, and while the disposition was unanimous, one of the judges wrote separately concurring in the judgment. Here is how Judge Boggs opens his opinion:

This appeal arises from a jury trial in which the three defendants were convicted of conspiracy to kill and maim persons outside the United States, in violation of 18 U.S.C. § 956(a)(1), and of conspiracy to provide material support to terrorists in furtherance of the killing of U.S. nationals, in violation of 18 U.S.C. § 2339A. In addition, Amawi and El-Hindi were each convicted of two counts of distributing information regarding the manufacture of explosives, destructive devices, and weapons of mass destruction, in violation of 18 U.S.C. § 842(p)(2)(A). Amawi, El-Hindi, and Mazloum were sentenced to below-Guidelines-range terms of 240, 144, and 100 of months of imprisonment, respectively.

There are ten issues on appeal. First, the defendants challenge the district court’s decision, pursuant to the Classified Information Procedures Act and Foreign Intelligence Surveillance Act, to delete classified information from discovery. Second, the defendants challenge the sufficiency of the evidence underlying their convictions. Third, the defendants object that their expert witnesses---who would have testified about Islamist culture and social norms in the Middle East---should not have been excluded from testifying. Fourth, Amawi appeals the district court’s denial of his motion to delay the trial. Fifth, the defendants challenge the district court’s decision not to provide their requested jury instruction concerning the First Amendment. Sixth, El-Hindi appeals the district court’s denial of his motion for acquittal as a matter of law based on an entrapment defense. Seventh, Mazloum appeals the district court’s denial of his motion to dismiss the indictment against him based on an outrageous-conduct defense. Eighth, Amawi claims that his Miranda rights were violated after his arrest in Jordan while he was being interrogated onboard a jet flying back to the United States. Ninth, the government cross-appeals the sentences imposed, contending that they are both procedurally and substantively unreasonable. Tenth, Amawi appeals the district court’s denial of his motion for a new trial based on allegations of newly discovered evidence regarding the alleged identity of a Syrian contact.

We affirm all opinions and judgments of the district court.