United States v. Yousef, No. 12-4822 (2d Cir. 2014)Annotate this Case
Defendant pled guilty to one count of conspiring to provide material support to a designated foreign terrorist organization. On appeal, defendant argued that the indictment to which he pled guilty failed to adequately allege a nexus between his alleged conduct and the United States, as required by the Due Process Clause of the Fifth Amendment before a criminal statute may apply extraterritorially. The court concluded that defendant's argument was waived because the existence of a territorial nexus was not an element of subject-matter jurisdiction. Accordingly, the court affirmed the judgment of the district court.