A little bit of a sentencing "glitch" in a terrorism case, but, with the assistance of the Second Circuit, we should get an appropriate sentence

Politics
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http://www.ca2.uscourts.gov/decisions/isysquery/b6274b3b-215f-4395-b411-3a8e7d24c343/1/doc/18-1604_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/b6274b3b-215f-4395-b411-3a8e7d24c343/1/hilite/

Link is to the Opinion of the Second Circuit.

(1) conspiring to provide material support—including services and himself—to a foreign terrorist organization, to wit ISIS, in violation of 18 U.S.C. § 2339B;

(2) attempting to provide material support to ISIS, in violation of 18 U.S.C. § 2339B;

(3) conspiring to assault federal officers, in violation of 18 U.S.C. § 371;

(4) attempted murder of federal officers, in violation of 18 U.S.C. § 1114; and

(5) assault of a federal officer with a deadly or dangerous weapon, in violation of 18 U.S.C. § 111.

The latter charges stemmed from his stabbing of an F.B.I. agent.

The defendant pleaded unconditionally guilty, there was no plea agreement. The prosecution asked for 85 years. The trial court sentenced him to 17 years. However, the sentencing guidelines call of a total of 85 years.

While the sentencing guidelines are not strictly binding and Judges are typically free to go high or low, this discretion is NOT unlimited. In this case, when the appeals court found that the sentence was shockingly low and the trial courts reason for adjudging it insufficient, they took the rare step of vacating the sentence and remanding for re-sentencing.

The ball is back in the the trial judge’s courtroom. Hard to say what she might do the second time around.

Here is Mumuni’s current prison entry.

FAREED MUMUNI
Register Number: 85947-053
Age: 25
Race: Black
Sex: Male
Located at: Berlin FCI
Release Date: 04/08/2030

At the very minimum, I can’t see the United States accepting anything less than 50 years and they will likely push for the full 85.

While I am a strong believer in judicial discretion, there is a limit. :smile: The sentence in this case was far too short to constitute a just sentence. Hopefully this is sufficiently fixed on remand.

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What purpose does it serve to lock up a 25 year-old man for 85 years?

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That just happens to be what the sentencing guidelines call for in this case. They don’t factor in the age of the defendant or human lifespan.

But he may not get the full 85. He could get 50 years and potentially walk out of jail someday.

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What purpose does it serve? What does it achieve? This locking a young man up for half a century?

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Disregarding the legalities and just discussing the length of the sentence.

85 is definitely over kill. 50 is probably overkill.

On the other hand, 17 is too short, particularly accounting for the injuries incurred by the F.B.I. agent.

Around 25 or so sounds reasonable.

But, as you well know, many federal penalties are excessive, particularly with drug offenses.

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Why? Two decades is “too short” why. It is a known fact that the decision making parts of the brain are not fully developed until 25 at the earliest. Usually later in males.

What purpose does this serve, revenge?

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Then I would suggest you write letters to your Representative and your Senators and ask them to pass comprehensive legislation reducing statutory penalties for these kind of crimes, which would, in turn, result in the United States Judicial Conference dialing back the sentencing guidelines.

It is your Congressmen, not Judges, that ultimately set overall criminal penalties. Judges may have limited discretion in meting them out, but Congress ultimately sets them.

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Better to execute him.

But for-profit prisons will be licking their chops.

1 Like
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Kids brought up properly know right and wrong by the age of 10.

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Federal criminal inmates go to public BoP facilities. At the Federal level, it is primarily immigration detainees that go to private facilities.

Mumuni is at Berlin, FCI, a medium security public prison.

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I think with the array of charges and seriousness of same he should spend much of the rest of his life in prison.

Also the deterrence factor.

I might be persuaded otherwise if I though he was capable of coming out much sooner fully reformed and genuinely sorry for his acts but more often than not prison only hardens criminals it doesn’t reform them.

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Generally true but their reasoning and decision making doesn’t fully develop until 25-35.

Young males in particular often have very poor judgement as well and can be very easily persuaded to abandon the values they were brought up with.

Take a look at the average age of ISIS foreign recruits fighting in the ME today and for the last five years.

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I’m more interested in what the people here have to say.

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Execute him for what?

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Decision making part of the brain. 25. Science.

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Sentencing guidelines don’t operate on a sliding scale.

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No, they don’t.

But their creation and refinement generally start from the statutory penalties, which generally are wide ranging in scope.

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The judge gave him a sentence. Why are “sentencing guidelines” necessary? We don’t trust our judges?

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Sentencing guidelines are meant to provide consistency. For example, two defendants are convicted of the same crime of forcible rape with similar circumstances by two different courts.

Without sentencing guidelines, one court could conceivably given the statutory minimum of 15 years, while the other might give the statutory maximum of life.

Sentencing guidelines are meant to minimize such disparities.

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So we don’t trust judges. Got it.