National Security Criminal Defense Center (NSCDC)
The Issue
Anti-Muslim discrimination is particularly harmful after conviction. At sentencing, federal prosecutors seek to apply the Terrorism Enhancement under U.S.S.G. § 3A1.4 to Muslim defendants, which dramatically increases their recommended sentence.
This sentencing enhancement is not backed by any empirical evidence and automatically puts all defendants in a Criminal History Category VI, even when many of these offenders are first-time, non-violent offenders.
Also, many Muslim defendants are given abnormally long terms of supervised release to take effect after their release from custody, with harsh and often unconstitutional conditions. MLFA challenges these conditions and unwarranted sentencing practices.
Even while serving their sentences, many Muslim prisoners encounter miscalculations of their release dates by the Bureau of Prisons when they are erroneously denied certain custody credits, unconstitutionally lengthening the amount of time they spend in prison.
MLFA works with incarcerated prisoners to challenge their incorrect release dates through petitions for a writ of habeas corpus.
Cases
TBD
News & Commentary
- 2023 Comment to the US Sentencing Commission Comment on U.S.S.C. Proposed Priorities for Amendment Cycle Ending May 2024
- 2024 Comment to the US Sentencing Commission Comment on U.S.S.C. Proposed Priorities and Recommendation for New Priority and Associated Research Agenda re the Terrorism Enhancement (§ 3A1.4) for Amendment Cycle Ending 2024-2025
Resources
- MLFA Calls for Reform: Challenging Discrimination in “”Terrorism Enhancement”” Sentencing
- Comment on U.S.S.C. Proposed Priorities for Amendment Cycle Ending May 2024
- MLFA Criminal Defense Attorneys Submit Terrorism Sentencing Reform Proposal to the US Sentencing Commission
- Comment on U.S.S.C. Proposed Priorities and Recommendation for New Priority and Associated Research Agenda re the Terrorism Enhancement (§ 3A1.4) for Amendment Cycle Ending 2024-2025