2 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.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos