National Security Criminal Defense Center (NSCDC)

Post-Conviction Anti-Muslim Discrimination

Muslim defendants often face disproportionately harsh sentencing and post-conviction conditions, and MLFA works to challenge these practices and ensure fair treatment, including correcting wrongful sentence calculations.

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

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