United States v. Dhirane

18 U.S.C. 2339B prohibits anyone from knowingly providing or attempting to provide material support or resources to a foreign terrorist organization. Defendants were found guilty of conspiracy to provide and of providing on numerous occasions material support to al-Shabaab, a designated foreign terrorist organization, in violation of 18 U.S.C. 2339B. The Fourth Circuit rejected defendants' contention that the district court erred in denying their motion to suppress evidence obtained pursuant to warrants issued under the Foreign Intelligence Surveillance Act (FISA) because the evidence was obtained unconstitutionally in light of FISA's ex parte and in camera judicial review process. The court held that the district court's adoption of a test to determine whether someone was part of a foreign terrorist organization for purposes of section 2339B was unnecessary and resulted from a misunderstanding of what section 2339B required in the context of this case. However, the district court appropriately found both defendants guilty of violating section 2339B. Finally, the district court did not err in applying sentencing enhancements under USSG 2M5.3(b)(1)(E) for support of a foreign terrorist organization with the intent, knowledge, or reason to believe it would be used to assist in the commission of a violent act. View "United States v. Dhirane" on Justia Law