United States v. Pitts, No. 20-3238 (6th Cir. 2021)
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The FBI began monitoring Pitts after he made social media posts encouraging Muslims to pursue military training. Pitts expressed a desire to meet with an al-Qaeda operative; the FBI deployed an undercover agent to play that role. The two planned a bombing in downtown Cleveland. The FBI arrested Pitts after he pitched follow-up attacks in Philadelphia and San Francisco. Pitts pleaded guilty to attempting to provide material support or resources to a foreign terrorist organization, threatening the President, and threatening the President’s family and was sentenced to 168 months’ imprisonment.
The Sixth Circuit rejected, as meritless, arguments that the district court improperly accepted his plea because there was no factual basis for it in the record, because he was not competent to enter it, and because he did not understand its terms. The change-of-plea proceedings, the PSR, and the affidavit attached to the complaint provided a factual basis for Pitts’s guilty plea, establishing that Pitts intended to provide material support— including his personal efforts—to al-Qaeda, that Pitts knew al-Qaeda had engaged in terrorism, and that he had made substantial steps toward the commission of the crime. The only professional opinion in the record, arranged at Pitts’s counsel’s request, found Pitts competent. There was nothing that gave the court “reasonable cause” to consider Pitts incompetent. The court did not address sentencing arguments that were barred by the appellate waiver in Pitts’s valid plea agreement.
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