Legal Commentary

"Millenium Bomber " Sentence Upheld

By Jeralyn

The Supreme Court today upheld the conviction and sentence of the LAX "Millenium Bomber" in 2000. The issue was the ten year consecutive mandatory minimum sentence if a defendant is found to have carried carries explosives during the commission of a crime. The 8-1 opinion is here(pdf). Via Scotus Blog:

Ahmed Ressam, an Algerian national identified by the government as an Al-Qaeda operative, who was foiled in an attempt to detonate explosives in the Los Angeles International Airport on the eve of the millenium in 2000 — Dec. 31, 1999.

...It was sufficient to violate that law, Stevens wrote, that explosives were found in a car the accused was driving when he committed the crime of making a false statement to a customs official. It was not necessary, the opinion said, that the explosives be directly linked to the specific felony committed.

More...

The issue was whether the law could apply to one who "Innocently “Carries” a Legal and Commonplace But Nonetheless “Explosive” Substance Like Gasoline, Cleaning Fluid or Fertilizer, While Committing an Entirely Unrelated Federal Felony, Such As Uttering a Treasury Check or Making a False Statement. "

The opinion was written by Justice Stevens, and Justice Breyer dissented.

Full post as published by TalkLeft on May 19, 2008 (boomark / email).