United States v. Osmakac

The Eleventh Circuit affirmed defendant's conviction and sentence for attempting to carry out a terrorist plot and for possessing a firearm not registered to him. The court held, after careful and thorough review, that all of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1801 et seq., statutory requirements were satisfied, that the FISA-derived evidence in this case was legally acquired, and that the FISA surveillance and searches were made in conformity with the FISA Court's order of authorization and approval. Therefore, the district court did not abuse its discretion in denying defendant's motions seeking disclosure of the FISA applications, the FISA Court orders, or any remaining FISA-derived evidence. The court also held that the district court did not abuse its discretion in denying defendant's motion seeking disclosure of the FISA materials; the district court did not abuse its discretion in denying defendant's motion for a mistrial based on the prosecutor's misstatement; and there was no plain error in sentencing defendant where the evidence did not support defendant's allegation that the government introduced the subject of weapons of mass destruction to defendant. View "United States v. Osmakac" on Justia Law