United States v. Ferguson, No. 21-3800 (6th Cir. 2023)
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Ferguson, a 20-year-old black man, went online, describing his desire to create a militia group and “orchestrate raids for supplies such as weapons and armor.” An FBI informant, “Guiness,” contacted Ferguson on Discord and was added to the group. Guiness pressured Ferguson to meet for “training.” On April 28, Ferguson first described to the group an idea for ambushing a patrol car but stated, “It’s not happening right now.” The two met on May 2, joined by another informant, “Steve.” At Guiness’s request, Ferguson brought his AR-15 rifle. The group engaged in faux military exercises. Ferguson described having a girl fake a domestic violence call at “the end of the month or even June.” On May 5, without any request by Ferguson, Guiness sent a picture of an abandoned house in Cuyahoga Valley National Park, saying, “Perfect location.”
On May 8, the three hiked to the abandoned house, unarmed, with Ferguson saying that if multiple cops responded, they’d have to start shooting. Guiness suggested a “dry run” to time police response and called 911. When rangers arrived, the men ran toward their car but were arrested. The FBI executed a search warrant for Ferguson’s residence, seizing an AR15 rifle, ammunition, magazines, tactical gear, and a guerilla warfare manual.
Ferguson was convicted of two counts of attempted kidnapping, 18 U.S.C. 1201(a), (d). The Sixth Circuit reversed. No rational juror could have found Ferguson guilty beyond a reasonable doubt. Any possible plan was constantly changing. Ferguson had not decided what to do with the officers other than take their gear. Ferguson did not take a substantial step; his actions did not clearly corroborate an intent to commit a kidnapping.
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