USA v. Ahmed Abukhatallah, No. 18-3041 (D.C. Cir. 2022)

Appellant was convicted on several counts related to his involvement in the September 11, 2012, terrorist attack on the United States’ diplomatic outpost in Benghazi, Libya. He was sentenced to 22 years of imprisonment and five years of supervised release. He now appealed his convictions under several theories, seeking acquittal or at least a new trial. The government cross-appealed, arguing the district court’s 22-year sentence is substantively unreasonably low.
 
The DC Circuit reversed Appellant’s sentence and remanded for resentencing. The court held for the government finding that Appellant has failed to show that he was convicted on legally insufficient evidence, that he was prejudiced by any erroneous evidentiary rulings or jury instructions, or that he was substantially prejudiced by the prosecution’s closing arguments. On the other hand, Appellant’s sentence is substantively unreasonably low in light of the gravity of his crimes of terrorism. The district court’s decision to disregard the conduct for which Appellant was acquitted cannot account for its dramatic downward departure from the Sentencing Guidelines’ recommendation.