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Garey: Upholding Domestic Terrorism Enhancement

By Tim Cone

In U.S. v. Garey, No. 05014631 (Oct. 31, 2008), the Court, on remand from an en banc decision that affirmed the defendant?s conviction, affirmed the defendant?s sentence.Garey argued that the increase in his Guideline sentence for a felony that "involved or was intended to promote a ?federal crime of terrorism?" was unwarranted, because the enhancement requires conduct that transcends national boundaries, and his crime was "purely domestic." The Court found that the plain language of the Guidelines references conduct calculated to influence the conduct of government, without regard to national boundaries. Although a defendant?s conduct must transcend national boundaries to sustain a conviction under 18 U.S.C. § 2332b, the Guidelines do not predicate an upward adjustment on this basis...continue to full post

Full post as published by Defense Newsletter Blog on November 04, 2008 (boomark / email).