United States v. Abdo, No. 12-50836 (5th Cir. 2013)Annotate this Case
Defendant appealed his sentence and conviction of attempted use of a weapon of mass destruction (Count 1), attempted murder of officers or employees of the United States (Count 2), and four counts of possession of a weapon in furtherance of a federal crime of violence (Count 3-6). Defendant was arrested before he could carry out a plan to detonate a bomb and shoot service members stationed at Fort Hood, Texas. The court concluded that the district court did not err in denying defendant's motion to suppress evidence found at the time of his arrest and statements that he made to police where, under all the circumstances, the stop was a proper investigatory detention and was supported by reasonable suspicion. The court also concluded that there was no clear or obvious error in defendant's conviction for multiple firearms offenses where the evidence allowed for the inference of two possessions and purposes for the firearm. Finally, the district court's denial of additional funds for defendant to hire an expert witness did not result in an unfair trial and the court found no error. Accordingly, the court affirmed the judgment.