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UNITED STATES V. MOHAMUD
SUMMARY*
Criminal Law
The panel affirmed Mohamed Osman Mohamud’s
conviction for attempting to detonate a large bomb during the
annual Christmas Tree Lighting Ceremony in downtown
Portland, Oregon, in violation of 18 U.S.C. § 2332a(a)(2)(A).
The panel held that the district court properly rejected
Mohamud’s defense of entrapment as a matter of law. The
panel could not say that no reasonable jury could have
concluded that Mohamud was predisposed to commit the
charged offense. Rejecting Mohamud’s alternative argument
that the case should be dismissed because the government
overreached in its “sting,” the panel wrote that while the
government’s conduct was quite aggressive at times, it fell
short of a due process violation.
The panel held that, under the circumstances of this case,
the district court did not err in denying Mohamud’s motion to
suppress, based on tardy disclosure, information collected
pursuant to § 702 of the Foreign Intelligence Surveillance Act
of 1978. The panel wrote that Mohamud cannot demonstrate
prejudice, and that the district court did not err in finding that
the late disclosure was not due to prosecutorial misconduct.
The panel held that the § 702 acquisition of Mohamud’s
email communications did not violate the Fourth
Amendment. The panel noted that all this case involved was
*
This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
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