United States v. Khan, No. 18-2612 (7th Cir. 2019)Annotate this Case
Khan construed a lawsuit concerning a traffic accident as “senseless provocation”; believed “noise pollution around [his] house” to be “organized persecution,” for which he promised retaliation; and believed Mayor Emanuel “doomed Chicago.” In Facebook posts, Khan threatened to “kill,” “shoot,” “hunt,” “murder,” and “put bullets in” college students, “vulnerable individuals,” people walking dogs, “high net worth individual[s],” and witnesses that “get [in] the way.” He claimed a specific Chicago neighborhood as his “free kill zone,” planned to “purchase a [G]o[P]ro camera, ... record the killings, and upload them.” Khan drove for Uber and posted messages about “dry run[s]” and carrying a loaded gun during shifts for “necessary murders.” He posted photos of himself holding those guns and “sw[ore] to Allah ... that I will ... murder in the next 30 days, which corresponded to Khan's plan to fly to Pakistan.
Khan was indicted for making interstate threats to injure others, 18 U.S.C. 875(c). The Seventh Circuit affirmed his conviction, rejecting challenges to the indictment and the sufficiency of the evidence. The district court was not required to instruct the jury that it must find that Khan intended to communicate a threat; that the intended victim received it; and that it caused the victim to feel threatened. The court properly refused to suppress evidence of a gun found in Khan’s car and to suppress other evidence on the theory that the government did not produce evidence of an anonymous tip.