U.S. v. AREF

3 Citing cases

  1. U.S. v. Stewart

    590 F.3d 93 (2d Cir. 2009)   Cited 207 times   1 Legal Analyses
    Holding that a mental state is not “relevant conduct” for purposes of applying the terrorism enhancement

    Indeed, in one instance where the district court imposed a 180-month sentence, the court explicitly found that, for a variety of reasons, the defendant was not similarly situated to Stewart. See United States v. Aref, No. 04-CR-402, 2007 WL 804814, at *7 (N.D.N.Y. Mar. 14, 2007). WALKER, Circuit Judge, concurring in part and dissenting in part:

  2. United States v. Assi

    428 F. App'x 570 (6th Cir. 2011)   Cited 7 times
    Holding that the term “government” in § 2332b(g) extends to foreign governments, and finding purported legality of defendant's actions under international law irrelevant to construction of § 2332b

    Similarly, the court in United States v. Stewart, 590 F.3d 93, 144 (2d Cir. 2009) (citation omitted), determined that § 3A1.4 applied to a defendant's conduct that was "calculated to affect the conduct of the Egyptian government though intimidation and coercion." See also United States v. Aref, No. 04-CR-402, 2007 WL 804814, at *2 (N.D.N.Y. Mar.14, 2007) (applying § 3A1.4 to a defendant that contributed to a foreign terrorist organization attempting to kill a Pakistani ambassador). As indicated above, Appellant "agrees that the definition of `government' would ordinarily include the State of Israel."

  3. United States v. Assi

    586 F. Supp. 2d 841 (E.D. Mich. 2008)   Cited 2 times

    The Government correctly observes — and Defendant does not dispute — that the term "government" as used in § 2332b(g)(5)(A) is not limited to the United States government, but instead plainly encompasses foreign governments as well. See United States v. DeAmaris, 406 F.Supp.2d 748, 750-51 (S.D.Tex. 2005); see also United States v. Puerta, No. 06-20523, 249 Fed. Appx. 359, 360 (5th Cir. Oct. 2, 2007); United States v. Aref, No. 04-CR-402, 2007 WL 804814, at *2 (N.D.N.Y. Mar. 14, 2007). Moreover, Defendant's expert, Professor Norton, agreed at the June 23 hearing that Hizballah's military operations and attacks in the 1990s were designed and intended, first and foremost, to put pressure on and influence the Israeli government to withdraw the IDF from southern Lebanon.