Case 116cr00653FB Document 20 Filed 060919 Page 1 of 18 PageID 75continues to this day are attached as Exhibit C The government has a number of recorded conversations in which Mr Naji is ID: 870274
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1 Guidelines sentence lies within the disc
Guidelines sentence lies within the discretion of the sentencing judge." United States v. Sanchez, 517 F.3d 651, 661 (2d Cir. 2008); United States v. Booker, 543 U.S. 220 (2005). ÒUnder 18
2 U.S.C. ¤ 3553(a) the court is instructe
U.S.C. ¤ 3553(a) the court is instructed to consider the traditional sentencing factors of retribution, deterrence, incapacitation, and rehabilitation, as well as the Ônature of the offense
3 ,Õ and the Ôcharacteristics of the defen
,Õ and the Ôcharacteristics of the defendant,ÕÓ as set forth in 18 U.S.C Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 1 of 18 PageID #: 75 continues to this day, are attached
4 as Exhibit C. The government has a nu
as Exhibit C. The government has a number of recorded conversations in which Mr. Naji is Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 2 of 18 PageID #: 76 Case 1:16-cr-0065
5 3-FB Document 20 Filed 06/09/19 Pa
3-FB Document 20 Filed 06/09/19 Page 3 of 18 PageID #: 77 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 4 of 18 PageID #: 78 Case 1:16-cr-00653-FB Document 20 Filed 0
6 6/09/19 Page 5 of 18 PageID #: 79 Case
6/09/19 Page 5 of 18 PageID #: 79 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 6 of 18 PageID #: 80 half the sentence recommended in the PSR. Finally, we conducted our own
7 review of attempted material support cas
review of attempted material support cases under 18 U.S.C. ¤ 2339B in all circuits, as well as material support conspiracy cases when the off Case 1:16-cr-00653-FB Document 20 Filed 06/0
8 9/19 Page 7 of 18 PageID #: 81 Case 1:
9/19 Page 7 of 18 PageID #: 81 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 8 of 18 PageID #: 82 two counts of attempted material support under 18 U.S.C. ¤ 2339B and was sen
9 tenced by Denis R. Hurley to 156 months
tenced by Denis R. Hurley to 156 months (13 years) in prison, though h Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 9 of 18 PageID #: 83 Case 1:16-cr-00653-FB Document 20
10 Filed 06/09/19 Page 10 of 18 PageID #:
Filed 06/09/19 Page 10 of 18 PageID #: 84 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 11 of 18 PageID #: 85 two attempts to travel and join ISIL; the first time, a family m
11 ember took his passport and money so he
ember took his passport and money so he couldn't go; the second time, he obtained a duplicate expedited passport. Mr. Dandach also engaged in post-arrest obstruction - seeking his family's h
12 elp in deleting internet postings. And w
elp in deleting internet postings. And while detained, he composed several pro-terror writings. He pled guilty to attempted material support under 18 U.S.C. ¤ 2339B and making a false statem
13 ent on a passport application under 18 U
ent on a passport application under 18 U.S.C. ¤ 1542, and was sentenced by Judge James V. Selna to 180 months (15 years) in prison. Mr. Dandach faced a maximum of 25 years.U.S. v. Rahatul Kh
14 an, 14 Cr. 212, Western District of Texa
an, 14 Cr. 212, Western District of Texas, Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 12 of 18 PageID #: 86 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 13 o
15 f 18 PageID #: 87 Case 1:16-cr-00653-FB
f 18 PageID #: 87 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 14 of 18 PageID #: 88 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 15 of 18 PageID #: 89 Case 1:1
16 6-cr-00653-FB Document 20 Filed 06/0
6-cr-00653-FB Document 20 Filed 06/09/19 Page 16 of 18 PageID #: 90 be sent back to Yemen Ð where war, death and famine are a daily occurrence Ð and impose a sentence substantially bel
17 ow the maximum sentence permitted by law
ow the maximum sentence permitted by law Ð a sentence that should be reserved for the worst offenders Ð and there are far worse offenders than Mr. Mohamed Naji. Respectfully submitted
18 , /s/ Susan G. Kellman Case 1:16-
, /s/ Susan G. Kellman Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 17 of 18 PageID #: 91 Case 1:16-cr-00653-FB Document 20 Filed 06/09/19 Page 18 of 18 PageID #: