United States Fourth Circuit

In a sentencing appeal following convictions for providing, and conspiring to provide, material support to terrorists and a foreign terrorist organization, the sentencing court's application of the sentencing enhancement for a "federal crime of terrorism" is affirmed, where: 1) a preponderance of the evidence is the appropriate standard of proof for establishing the requisite intent for the terrorism enhancement; 2) the sentencing court's factual findings were not clearly erroneous nor insufficient to establish the specific intent necessary for the terrorism enhancement; and 3) the sentencing court did not err with respect to evaluating the 18 USC section 3553(a) factors nor deprive defense counsel of the chance to address them.

Appellate Information

• Decided 04/06/2012
• Published 04/06/2012

Judges

• King

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Marvin David Miller, John T. Gibbs