It is shockingly low, but it is likely that any other sentence would have been deemed “Islamophobic.”
“U.S. appeals court judge calls 17-year sentence in terrorism case ‘shockingly low,'” Associated Press, December 27, 2019:
NEW YORK — A 17-year sentence for a New York City man who sought to aid the Islamic State group by trying to kill an FBI agent is “shockingly low,” a federal appeals court said Friday as it ordered a judge to re-sentence him.
The 2nd U.S. Circuit Court of Appeals in Manhattan ordered a new outcome in Brooklyn federal court for Fareed Mumuni, saying sentencing guidelines that recommended an 85-year prison term for him reflect the judgment by Congress that “terrorism is different from other crimes.”
In a partial dissent, one of the three judges on the appeal panel said it would be fine if Mumuni received the same sentence again if the judge better explained the reasoning behind it.
Mumuni, a 25-year-old U.S.-born citizen, was sentenced in April 2018 after pleading guilty to charges that he planned to aid the extremist organization and tried to kill the agent who was searching his Staten Island home.
Mumuni attacked the agent with a knife, prosecutors said, but the agent’s body armor protected him.
The 2nd Circuit panel, in a decision written by Judge Jose A. Cabranes, said judges have broad but not unlimited discretion at sentencing.
The appeals court said the judge “drastically discounted the seriousness of Mumuni’s offense conduct based on a sterilized and revisionist interpretation of the record.”
It said the “clearly erroneous assessment of the evidence leaves us with the definite and firm conviction that a mistake has been committed — a mistake that resulted in a shockingly low sentence that, if upheld, would damage the administration of justice in our country.”
The appeals court said the sentencing judge appeared to second-guess whether Mumuni actually intended in June 2015 to kill FBI agent Kevin Coughlin with an 8-inch knife, even though he said he did.
“Mumuni’s violent attack against Agent Coughlin was indisputably a premeditated, willful, and deliberate attempt to murder a federal officer in the name of ISIS. In short, it was a pre‐authorized ISIS terrorist attack on American soil,” the appeals court said.
The 2nd Circuit noted that Mumuni held the knife behind his back as he descended stairs in his home and approached Coughlin before suddenly charging toward him and revealing the knife only when he was at arm’s length….
keith says
There used to be an appropriate sentence for crimes like this.
It was “term of their natural life with hard labor”.
Should also be fed a regular diet of ham s well.
Walter Sieruk says
This article may serve as a clear reminder that we , as Americans may all be sure of terrible reality that the jihadist/ Muslims of ISIS are very serious about having arson Islamic terror/murder attacks in the USA.
Nevertheless, we ,as Americans , should not live in fear nor be afraid to go to different places or do different things out of being afraid of an ISIS jihad attack . For to live in fear would make the jihadists of ISIS happy.
Still, even though we need not live in fear we should be alert and aware of our surrounding as likewise be on the lookout for anything appears wrong or out of place. As in “What’s wrong with this picture?” Then if anything is seen that doesn’t seem right then go and inform and right person about it.
For example , that tee -shirt vendor in New York City , at times square, who saw some smoke come out of a parked van .So he went a told police officer about it. As it has been said “If you see something, say something.” This may be put in another way, be the words of a former US President, Thomas Jefferson, For his wise words apply, even more now, then they did in his own time. For Mr. Jefferson declared “Let the eye of vigilance never be closed.”
gravenimage says
NYC: Appeals court judge says 17-year sentence for Islamic State jihad terrorist is “shockingly low”
………………….
Yes, it is–and yet, the sentence for Jihad terror in the US is likely *far* stiffer than any he would have had in Europe.
Frank Anderson says
GI, I agree the sentence is too light in this case; as they are in most cases. The question to consider is what is the goal of the sentence? 1) To prevent his repeating the crime. 2) To serve as an example to prevent others from following. 3) To satisfy the victims (including far more than just those injured or killed, such as families and communities threatened). 4) To rehabilitate a monster that cannot be rehabilitated. 5) ??????? How much can “the state” afford to spend to accomplish these results?
Experience shows there are some convicted criminals who cannot be rehabilitated. Tarasoff v. Board of Regents is a graphic California example of the failure of the evaluation process.
As long as terrorism is treated as a crime instead of waging completely illegal war on all mankind, the sentence will never work. “Hostis humani generis” gives a start for an alternate and more likely to succeed approach.
[Please note: While one judge may have written the opinion discussed in this article, the opinion represents the statement of the court, not the author judge alone. The opinion and order are entered and enforced as the court’s order.]
gravenimage says
Important points, Frank. Still, stiff sentences followed by deportation where possible are preferable to light ones (or none at all).
Despite all the ugliness in the world, I’d like to wish you and yours a very Happy New Year!
Frank Anderson says
Your wish is shared!. I agree that harsh sentences followed by deportation, if they live that long, are preferable to light sentences to go out and try again. Until the war that islam declared against the entire world 1400 years ago is recognized and “declared back” instead of being ignored or denied, the attacks and killing will continue. Terrorism is nothing more than piracy on land or in the air instead of on the seas.
TKF says
Brain dead judges treat terrorists freaks with kid gloves. Hand me a barf bag. We need to start putting these a-holes in front of a firing squad. They are of no further use to free Americans and NEVER will be. Execute all terrorists.
vtology says
I assume he’ll be out in 8 or 9 years. Then he’ll get back to work, after all those years of intensified muslim terrorist programming from the in-house imam. This needs to be stopped.
James Lincoln says
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