United States v. Khan, No. 18-20519 (5th Cir. 2019)Annotate this Case
The Fifth Circuit vacated the district court's sentence after defendant pleaded guilty to providing material support to a designated foreign terrorist organization. The court held that the district court committed procedural error in concluding, as a matter of law, that the terrorism enhancement did not apply and therefore failed to determine whether, as a factual matter, the enhancement applies. Because the error was not harmless, the court vacated the original sentence and remanded for resentencing.