UNITED STATES V. MOHAMUD
21
2013 and lasted thirteen days. Both sides called numerous
witnesses, and the cross-examinations were sharp and
thorough.
There was no dispute that Mohamud had tried to blow up
Pioneer Courthouse Square while it was filled with people.
The spirited (and supportable) defense was entrapment—
Mohamud, a teenager with no criminal record, had neither the
means nor the intent to commit domestic terrorism until he
became involved with the undercover FBI contractor (Bill
Smith) and FBI agents (Youssef and Hussein). The
government countered that Mohamud’s actions before any
contact with the FBI—including his Jihad Recollections
articles—as well as his readiness to commit such a horrific
act of violence proved that he had the necessary
predisposition to commit the crime. After the close of
evidence and argument, the jury returned a guilty verdict,
rejecting the entrapment defense.
B. Post-Trial Motions
Mohamud challenged his conviction on numerous
grounds. He cited Sherman v. United States, 356 U.S. 369
(1958), to argue that the government had entrapped him as a
matter of law. Mohamud contended that he had intended to
complete college in the United States, and only the FBI’s
aggressive and coercive actions had led him down the
bombing path. The district court rejected that argument,
pointing to evidence that before any contact with the FBI,
Mohamud: (1) originally planned to wage war in the United
States until a dream refocused him on Yemen; (2) wrote
articles for Jihad Recollections which advised how best to
prepare to carry out “jihad” on non-believers; and (3) had
lengthy email conversations with men that the FBI believed
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات