United States v. Mumuni, No. 18-1604 (2d Cir. 2019)Annotate this Case
The Government appealed the substantive reasonableness of defendant's sentence for conspiring to provide material support to ISIS and attempting to murder a federal agent in the name of ISIS.
The Second Circuit held that defendant's sentence of 17 years' imprisonment—which constitutes an 80% reduction from his recommended Guidelines range of 85 years—was substantively unreasonable in light of his exceptionally serious conduct involving a domestic terrorist attack against law enforcement in the name of ISIS; where a district court has accepted a defendant's guilty plea and his allocution to the elements of each charged offense, it cannot make findings of fact during sentencing that contradict or otherwise minimize the conduct described at defendant's plea hearing; where a sentencing court opts to compare the relative culpability of co‐defendants, it cannot selectively rely on a factor when it serves a mitigating function in one case, but then subsequently ignore the same factor when it serves an aggravating function in the other case; a defendant's legally‐required compliance with institutional regulations during his term of pre‐trial and pre‐sentencing detention is not a substantially mitigating factor for purposes of sentencing; and, at defendant's resentencing, the district court shall accord substantially greater weight to the specified 18 U.S.C. 3553(a) factors. Accordingly, the court remanded for resentencing.