Posted on 12/27/2019 7:46:36 PM PST by karpov
A U.S. federal appeals court on Friday ordered the resentencing of a Staten Island, New York man for attempting to provide material support to Islamic State and kill an FBI agent, saying his 17-year prison term was “shockingly low.”
The 2nd U.S. Circuit Court of Appeals in Manhattan said Fareed Mumuni’s trial judge abused her discretion in imposing a term that was 80% below the 85 years recommended by federal guidelines, and even below the 18-year term for co-defendant Munther Omar Saleh, who was not accused of attempted murder.
In a 2-1 decision, the court said U.S. District Judge Margo Brodie improperly second-guessed whether Mumuni, 25, intended to kill FBI Special Agent Kevin Coughlin in June 2015 by stabbing him repeatedly with an 8-inch kitchen knife in Mumuni’s home.
It also said Brodie gave too much weight to mitigating factors such as Mumuni’s age, his lack of a prior criminal record and support from family and friends.
Such errors “caused the district court to render a sentence that is shockingly low and unsupportable as a matter of law,” Circuit Judge Jose Cabranes wrote for the majority.
Mumuni’s lawyer did not immediately respond to requests for comment. A spokesman for U.S. Attorney Richard Donoghue in Brooklyn, whose office appealed the sentence, declined to comment.
Coughlin survived the attack.
(Excerpt) Read more at reuters.com ...
#10. He is on the FISA Court (Foreign Intelligence Surveillance Court of Review). Maybe he will turn on the other judges if he feels that they also betrayed their trust.
“Isn’t the 2nd one of the courts Trump flipped to a majority republican appointed?”
I know this is hard for Republican PURISTS to understand, but courts DO NOT FLIP THEMSELVES (to our side). They get flipped by electing a Republican President, and REPUBLICAN SENATORS, and yes that includes the Dreaded RINOs, as RINOs still NEARLY ALWAYS vote to confirm Trump’s picks...a few exceptions yes, but the Second Circuit, the Supreme Court and most of the remaining courts would now be LEFTIST if not for the RINOs in the Senate.
...please think about that when deciding to vote in the November election, we do nothing but ENABLE DEMOCRATS when sitting out elections because so-and-so Senator is a RINO, GOPe, or simply hates Trump - because they STILL vote for his judges, almost always - and far, far, more than Democrat judges do.
“When the quest for diversity supersedes the mandate of competence you get, obama judges.”
More like “when Republicans sit out elections, you get Obama judges”. We only have Trump judges because enough conservatives held their noses and voted for RINOs to give Trump a majority in the Senate. The other Republicans, the Purists, I guess don’t mind Obama judges.
According to the article the appeal was filed by the US Attorney.
The Government appealed.
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