United States v. Aldawsari, No. 12-11166 (5th Cir. 2014)
Annotate this CaseDefendant appealed his sentence and conviction of attempted use of a weapon of mass destruction under 18 U.S.C. 2332a(a)(2). The court rejected defendant's argument that his motion to suppress evidence gathered under the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1801, 1805(a), 1824(a), was improperly denied. Based on the court's own thorough review of the classified materials at issue in camera, the court concluded that defendant's inference that the government likely never made the requisite showing that the searches were validly authorized under section 1805 and 1824 was incorrect. The court concluded that the district court did not abuse its discretion in giving a jury instruction regarding the crime of attempt. Finally, defendant's sentence was substantively and procedurally reasonable. Accordingly, the court affirmed the judgment of the district court.
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