United States v. Alowemer, No. 22-3217 (3d Cir. 2024)
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The United States Court of Appeals for the Third Circuit heard an appeal from Mustafa Alowemer, a Syrian refugee living in the U.S. who had become a radical Islamist and plotted to bomb a Nigerian-American church in Pittsburgh. Alowemer, an ISIS supporter, had been found guilty of attempting to materially support a terrorist group in violation of 18 U.S.C. § 2339B(a)(1). At sentencing, the District Court applied a terrorism enhancement, concluding that Alowemer's attempted attack was intended to retaliate against the U.S. and Nigerian governments for their actions against ISIS. This resulted in a twelve-level increase in his sentence, leading to a prison term of over seventeen years.
Alowemer appealed, arguing that the terrorism enhancement was improperly applied. The Court of Appeals reviewed the District Court's application of the sentencing enhancement for abuse of discretion. It found that Alowemer had intended to retaliate against government conduct, as evidenced by his statements about avenging his "ISIS brothers" in Nigeria and his references to U.S. forces as invaders in the Middle East.
Alowemer also argued that the District Court did not adequately consider his childhood trauma and poor mental health. The Court of Appeals disagreed, noting that the District Court had thoroughly examined the evidence and found that while Alowemer's mental health issues may have explained his radicalization, his actions were still intentional, knowing, and voluntary.
Therefore, the Court of Appeals affirmed the District Court's decision, concluding that Alowemer's plot to bomb a church in retaliation for government action against ISIS triggered the terrorism enhancement and that his mental health issues did not undermine this intent.
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