United States Second Circuit

In appeal by defendant, a Pakistani national, from conviction that included attempted murder and armed assault of U.S. nationals, officers and employees, judgment is affirmed where the district court: 1) properly denied defendant's motion to dismiss Count One because certification was timely issued pursuant to 18 USC 2332(d); 2) properly denied defendant's motion to dismiss Counts Two through Seven because charging statutes do apply extraterritorially; 3) did not abuse its discretion in admitting documents explaining use of weapons and mass attacks on New York City landmarks pursuant to Fed. Rule of Evid. 404(b) to show defendant's knowledge, motive, or intent; 4) went to extraordinary lengths to ensure that defendant understood the implications of testifying and had the capacity to testify; 5) did not err in allowing the introduction of defendant's voluntary statements to rebut her trial testimony; and 6) properly applied both the terrorism and official victim enhancements, which does not constitute impermissible double counting.

Appellate Information

• Decided 11/15/2012
• Published 11/15/2012

Judges

• WESLEY

Court

• United States Second Circuit

Counsel