77 results for 'cat:"Terrorism"'.
[Consolidated.] J. Pan denies petitions filed by bin Laden’s personal assistant to vacate his conspiracy conviction or remand to the military commission for resentencing. The evidence supports his conviction and he fails to show there was an abuse of discretion during sentencing.
Court: DC Circuit, Judge: Pan, Filed On: July 25, 2023, Case #: 22-1097 , Categories: Sentencing, Conspiracy, terrorism
J. Rao upholds the district court's dismissal of a family's action against Sudan in connection with a terrorist attack on their family. The Sudan Claims Resolution Act, which strips federal courts of jurisdiction to hear most terrorism-related claims, is not unconstitutional. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: July 21, 2023, Case #: 21-5250 , Categories: terrorism, Jurisdiction
J. Nardini finds that defendant, who otherwise received representation by counsel, should be denied consideration of a pro se brief in an appeal from the dismissal of several indictments stemming from two 1998 U.S. Embassy bombings in Africa. Defendant, who had not gone to trial on terrorism charges after pleading guilty to attempted murder of a prison guard, either sought to go to trial or dismissal of the indictments with prejudice to avoid their being used to justify alleged special holding measures. But no right to "hybrid" counseled/pro se representation exists, as each present different operating requirements, and nothing in defendant's case would justify supplementing the record.
Court: 2nd Circuit, Judge: Nardini, Filed On: July 20, 2023, Case #: 21-2442 (L), Categories: Self Representation, terrorism
J. Badding finds that defendant was properly sentenced for threat of terrorism based on online posts laying out plans to drive by schools with a loaded automatic rifle, as the lower court sufficiently explained the reasons for imposing a prison sentence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 20, 2023, Case #: 22-1774, Categories: Sentencing, Threats, terrorism
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J. Sentelle upholds the district court's dismissal of claims by survivors and family members of victims of terrorist attacks on U.S. embassies in Kenya and Tanzania against an international bank. They fail to plausibly allege the bank financially supported al-Qaeda's embassy bombings. Affirmed.
Court: DC Circuit, Judge: Sentelle, Filed On: July 7, 2023, Case #: 22-7083 , Categories: terrorism
J. Diaz finds the immigration board improperly determined that the Pakistani businessman could live in a new area of Pakistan without fear of reprisal from the Taliban. The businessman sold supplies to U.S. service members in Afghanistan, resulting in the Taliban threatening his life. The government believed that he would be safe because, after being threatened, he survived several weeks in Islamabad before seeking asylum in America. His brief sojourn to Islamabad - where he never left the house - doesn’t rebut the presumption that a notorious terrorist organization continues to imperil his life. Reversed.
Court: 4th Circuit, Judge: Diaz, Filed On: July 6, 2023, Case #: 22-1026, Categories: Immigration, terrorism
J. Lamberth denies, in part, family members' renewed motion for default judgment on the emotional distress claims arising from terrorist attacks. The District of Columbia choice-of-law principles apply and, therefore, the domiciles of the family members, including Maryland, South Africa And England, apply to their emotional distress claims.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: July 5, 2023, Case #: 1:20cv1227, NOS: Other Personal Injury - Torts - Personal Injury, Categories: terrorism, Emotional Distress, Choice Of Law
J. Boyle finds for those who were injured in certain terrorist attacks that occurred between 2015 and 2017, along with their family members and the families of those killed. They have shown Syria provided support for the attacks and, therefore, is liable for damages.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: June 28, 2023, Case #: 5:20cv230, NOS: Other Statutory Actions - Other Suits, Categories: terrorism, Damages
J. Riedmann finds the trial court properly convicted defendant for terroristic threats, use of a firearm to commit a felony, possession of a deadly weapon by a prohibited person, possession of a stolen firearm, carrying a concealed weapon and intimidation or possession of implements of escape. After being arrested with his twin brother, defendant pulled a firearm from his waist band in a changing room at the jail and pointed it at officers while trying to find his brother. When he couldn’t find his brother, he shot himself in the chin. A case cited by defendant in support of his motion to withdraw his guilty plea is inapplicable, as defendant had benefit of counsel. He also failed to assign error as to his motion to withdraw counsel. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-806, Categories: Firearms, Escape, terrorism
J. Walker finds that the district court improperly dismissed claims contending a bank provided financial services to terrorist groups that attacked Americans in Israel between 2001 and 2003. Personal jurisdiction was applicable under New York's long-arm statute because the Palestinian bank maintained U.S. dollar-denominated checking accounts for the groups through a Jordanian bank that had accounts at three New York City banks, which were repeatedly used to pay the families of terrorist "martyrs."
Court: 2nd Circuit, Judge: Walker, Filed On: June 16, 2023, Case #: 20-3849-cv, Categories: terrorism, Jurisdiction, Banking / Lending
Per curiam, the circuit finds that the district court properly sentenced defendant based on his guilty plea to attempting to provide material support to a terrorist organization when he tried to enter Syria to join a cousin, an ISIS leader, on two occasions. His 200-month sentence was not procedurally or substantively unreasonable since the guidelines range went above the statutory maximum of 240 months, which, in turn, was slightly reduced. Meanwhile, the end result was not "shockingly" high. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 12, 2023, Case #: 21-2993, Categories: Sentencing, terrorism
J. Merkl grants a second motion to effect substitute service on three Hezbollah-related media entities for claims brought under the Anti-Terrorism Act by American citizens who were injured by rocket and missile attacks in Israel. The plaintiffs provided expert testimony that sufficiently claimed the three entities were still under Hezbollah’s control and that the service papers will make its way through the chain of command and into the hands of the organization’s top officials.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: June 7, 2023, Case #: 1:18cv7449, NOS: Other Statutory Actions - Other Suits, Categories: terrorism
J. Boasberg grants the government's motion to quash two groups of individuals' attachments to $10 million in funds associated with an Iranian front company held by Wells Fargo. Allowing the individuals, who have judgments against Iran, to move forward with their writs "would fundamentally undermine Congress’s intended scheme for compensating victims of state-sponsored terrorism."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: June 1, 2023, Case #: 1:21cv420, NOS: Other Statutory Actions - Other Suits, Categories: terrorism, Damages