24
UNITED STATES V. MOHAMUD
During the sentencing hearing, the district court
acknowledged that, although the jury had rejected the
entrapment defense, Youssef and Hussein “imperfect[ly]”
entrapped Mohamud through their frequent praise and
religious references, especially considering his youth. But the
“horrific” nature of the intended crime, which would have
resulted “in a great deal of death and mutilation,” still
warranted a sentence of thirty years’ imprisonment.
III.
DISCUSSION
A. Standard of Review
We review the district court’s ruling on a motion for
acquittal de novo. See United States v. Sanchez, 639 F.3d
1201, 1203 (9th Cir. 2011). When a defendant pursues an
entrapment defense, we “should not disturb the jury’s finding
unless, viewing the evidence in the light most favorable to the
government, no reasonable jury could have concluded that the
defendant[] [was] predisposed to commit the charged
offenses.” United States v. Davis, 36 F.3d 1424, 1430 (9th
Cir. 1994). We review the denial of a motion to dismiss
based on a violation of constitutional rights de novo. United
States v. Brobst, 558 F.3d 982, 994 (9th Cir. 2009).
We review de novo the denial of a motion to suppress
evidence, but underlying factual findings are reviewed for
clear error. United States v. Crawford, 372 F.3d 1048, 1053
(9th Cir. 2004) (en banc). We review for an abuse of
discretion a district court’s decision whether to use its
supervisory powers—in this case, the supervisory power to
decide whether to suppress evidence as a sanction for the
government’s late supplemental FISA notice. United States
v. Stinson, 647 F.3d 1196, 1209 (9th Cir. 2011). Discovery
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