SA v. Amer Alhaggagi (Criminal Docket #: 3:17-cr-00387)
Case Description:
Alhaggagi was the target of a sting operation. When the operation failed, when Alhaggagi refused to participate in an actual attack, the government charged him with identity theft and providing material support to terrorism in the form of services to ISIS: specifically, creating social media accounts for ISIS operators. Alhaggagi was arrested on November 28th, 2016; on July 21st, 2017, Alhaggagi was indicted on 4 counts:
- Count One: Violation of 18 U.S.C Sec. S2339B(a)(1): Attempting to Provide Material Support or Resources to Designated Foreign Terrorist Organizations;
- Count Two: Violation of 18 U.S.C. Sec. 1029(a)(4): Fraudulent Possession of Access Device-Making Equipment;
- Count Three: Violation of 18 U.S.C. 1029(a)(2): Using an unauthorized Access Device;
- Count Four: Violation of 18 U.S.C. 1028A(a)(1): Aggravated Identity Theft.
OUTCOME
During sentencing, the trial court found that the terrorism enhancement applied because Alhaggagi clearly supported violence, based on his statements to the undercover agent. The court initially sentenced him to a total term of 188 months and over $5,000 in fines. On appeal, the 9th circuit reversed the decision, holding that for the terrorism enhancement to apply, the government must establish the intent of the crime of conviction was to influence government conduct by threat of violence or violence. The appellate court further held that under the facts here it was not clear that Alhaggagi was aware that the services he was providing would be used to threaten the U.S. government or other governments as ISIS propaganda also included recruitment and glorification of the Islamic state.
On resentencing, Alhaggagi was sentenced to 81 months with 3 years of supervised release.
