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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 1 of 236 1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 2 ----------------------------------------------------------- 3 ) United States of America, ) File No. 15-CR-46 4 ) (MJD) Plaintiff, ) 5 ) vs. ) Minneapolis, Minnesota 6 ) September 20, 2016 Abdullahi Mohamud Yusuf, ) 9:33 a.m. 7 ) Defendant. ) VOLUME I 8 ) ----------------------------------------------------------- 9 ----------------------------------------------------------- ) 10 United States of America, ) File No. 15-CR-49 ) (MJD/FLN) 11 Plaintiff, ) ) 12 vs. ) ) 13 (1) Hamza Naj Ahmed, ) (3) Adnan Abdihamid Farah, ) 14 (5) Zacharia Yusuf Abdurahman, ) (6) Hanad Mustafe Musse, ) 15 16 Defendants. ----------------------------------------------------------- 17 ----------------------------------------------------------- ) 18 United States of America, ) File No. 16-CR-37 ) (MJD) 19 Plaintiff, ) ) 20 vs. ) ) 21 Abdirizak Mohamed Warsame, ) ) 22 Defendant. ) ) 23 ----------------------------------------------------------- 24 BEFORE THE HONORABLE MICHAEL J. DAVIS 25 UNITED STATES DISTRICT COURT JUDGE (EVIDENTIARY HEARING) STACI A. HEICHERT, RDR, CRR, CRC (612) 664-5105 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 2 of 236 2 1 APPEARANCES For the Plaintiff: UNITED STATES ATTORNEY'S OFFICE 2 John F. Docherty, AUSA Andrew R. Winter, AUSA 3 Julie E. Allyn, AUSA 600 U.S. Courthouse 4 300 South Fourth Street Minneapolis, MN 55415 5 For the Defendant OFFICE OF THE FEDERAL DEFENDER 6 Abdullahi Yusuf: Manvir K. Atwal, ESQ. 300 South Fourth Street 7 Suite 107 Minneapolis, MN 55415 8 BRANDL LAW, LLC 9 Jean M. Brandl, ESQ. 310 Fourth Avenue South 10 Suite 5010 Minneapolis, MN 55415 11 For the Defendant Hamza MURRAY LAW, LLC 12 Ahmed: JaneAnne Murray, ESQ. 220 South Sixth Street 13 Suite 1225 Minneapolis, MN 55402 14 For the Defendant Adnan KENNETH UDOIBOK, P.A. 15 Farah: Kenneth U. Udoibok, ESQ. The Flour Exchange, Suite 5010 16 310 Fourth Avenue South Minneapolis, MN 55415 17 For the Defendant FELHABER LARSON 18 Zacharia Abdurahman: Jon M. Hopeman, ESQ. Marnie E. Fearon, ESQ. 19 220 South Sixth Street Suite 2200 20 Minneapolis, MN 55402 21 For the Defendant Hanad GASKINS BENNETT BIRRELL Musse: SCHUPP, LLP 22 Paul C. Dworak, ESQ. Ian S. Birrell, ESQ. 23 333 South Seventh Street Suite 3000 24 Minneapolis, MN 55402 25 STACI A. HEICHERT, RDR, CRR, CRC (612) 664-5105 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 3 of 236 3 1 For the Defendant SICOLI LAW, LTD. Abdirizak Mohamed Robert D. Sicoli 2 Warsame: 333 South Seventh Street Suite 2350 3 Minneapolis, MN 55402 4 Court Reporter: STACI A. HEICHERT, RDR, CRR, CRC 5 1005 U.S. Courthouse 300 South Fourth Street 6 Minneapolis, Minnesota 55415 7 Proceedings recorded by mechanical stenography; transcript produced by computer. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STACI A. HEICHERT, RDR, CRR, CRC (612) 664-5105 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 4 of 236 4 1 P R O C E E D I N G S 2 IN OPEN COURT 3 THE COURT: Let's call this matter. 4 THE COURTROOM DEPUTY: The United States of 5 America versus Abdullahi Mohamud Yusuf, Criminal Case No. 6 15-CR-46; the United States of America versus Hamza Naj 7 Ahmed, Criminal Case No. 15-CR-49; United States of America 8 versus Adnan Abdihamid Farah, Criminal Case No. 15-CR-49; 9 United States of America versus Zacharia Yusuf Abdurahman, 10 Criminal Case No. 15-CR-49; United States of America versus 11 Hanad Mustafe Musse, Criminal Case No. 15-CR-49; and the 12 United States of America versus Abdirizak Mohamed Warsame, 13 criminal Case No. 16-CR-47. 14 Counsel, please state your appearances for the 15 record. 16 MR. DOCHERTY: Good morning, Your Honor. 17 Assistants U.S. Attorneys John Docherty, Julie Allyn, and 18 Andrew Winter for the United States. 19 THE COURT: Good morning. 20 MS. MURRAY: Good morning, Your Honor. JaneAnne 21 Murray for Hamza Ahmed. 22 THE COURT: Good morning. 23 MS. ATWAL: Good morning, Your Honor. Manny 24 Atwal -- excuse me. Good morning, Your Honor. Manny Atwal 25 and Jean Brandl on behalf of Abudllahi Yusuf who is sitting STACI A. HEICHERT, RDR, CRR, CRC (612) 664-5105 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 5 of 236 5 1 next to me. 2 THE COURT: Good morning. 3 MS. FEARON: Good morning, Your Honor. Marnie 4 Fearon and Jon Hopeman on behalf of Zacharia Abdurahman. 5 THE COURT: Good morning. 6 MR. DWOARK: Good morning, Your Honor. Paul 7 Dworak and Ian Birrell on behalf of Hanad Musse. 8 THE COURT: Good Morning. 9 MR. UDOIBOK: Good morning, Your Honor, my name is 10 Kenneth Udoibok on behalf of Adnan Farah. 11 THE COURT: Good morning. 12 MR. SICOLI: Good morning, Your Honor. Robert 13 Sicoli on behalf of Mr. Warsame. 14 THE COURT: All right. All right. The 15 preliminary presentence -- well, let's back up. All the 16 defendants have pled guilty to conspiracy to provide 17 material support to a designated foreign terrorist 18 organization in violation of Title 18, United States Code, 19 Section 2339B(a)(1). The statutory provisions in -- for 20 that crime is a maximum penalty of 15 years in prison and a 21 $25,000 fine. It's a Class C felony. 22 The advisory guideline calculations for 23 essentially all the six defendants that are here are as 24 follows: 25 The defendants are subject to a statutory maximum STACI A. HEICHERT, RDR, CRR, CRC (612) 664-5105 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 6 of 236 6 1 sentence of 15 years in prison based on the conviction as I 2 have read it to you. During -- due to the base offense 3 level of 26, the 12-level terrorism adjustment and the 4 criminal history category of 6, all these defendants have a 5 guideline range of 188 -- or 180 months' imprisonment, even 6 with a three-level reduction for acceptance of 7 responsibility. There's 26 plus 12 minus 3 equals 35. A 8 Category 6, the range is 292 to 365 months but it's capped 9 at 180 months because of the statutory maximum. 10 And just for illustration, even if the Court 11 departed to a criminal history category of 1 pursuant to the 12 United States Sentencing Guidelines 4A1.3 for overstated 13 criminal history, the guideline range of imprisonment would 14 still be 168 to 180 months in prison. The guidelines and 15 the statute are that way because Congress has designated 16 terrorism activities and crimes of being extremely important 17 and should be punished. 18 The circuit courts have followed that and have 19 stated terrorists, even those with no prior criminal 20 behavior, are unique among criminals and the likelihood of 21 recidivism, the difficulty of rehabilitation, and the need 22 for incapacitation. 23 The Court set down this hearing because of a 24 number of things. One, the presentence investigation 25 reports were ordered when the defendants pled guilty to the STACI A. HEICHERT, RDR, CRR, CRC (612) 664-5105 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 7 of 236 7 1 most serious counts, and the series of events that will 2 occur because of the presentence investigation report are as 3 follows: 4 The preliminary presentence investigation report 5 with Daniel Koehler's report addendum has been distributed 6 to all the six defendants and their attorneys. 7 Objections to the preliminary presentence 8 investigation report are due on October 5th, 2016. 9 The final presentence investigation report will be 10 distributed to the parties on or before October 20th, 2016. 11 All position papers of the parties are due to this Court on 12 November 3rd, 2016. 13 And I have set three days for sentencing: 14 November 14th, 15th and 16, and I believe counsel has the 15 order of the sentencings. 16 Also at the time that the 17 presentence investigation -- the ordering of the presentence 18 investigation report, the Court sometime later filed an 19 order for the defendants to be evaluated by Daniel Koehler, 20 and in that order, the defendants had ten days to object to 21 whether or not they wished to have that evaluation done or 22 object to anything about that, and none of the defendants 23 objected and Mr. Koehler did the six evaluations. And all 24 counsel have received the individual evaluations for their 25 client. STACI A. HEICHERT, RDR, CRR, CRC (612) 664-5105 CASE 0:15-cr-00046-MJD Document 90 Filed 09/26/16 Page 8 of 236 8 1 I have stated the statutory penalties and advisory 2 guideline calculations, but it does not end there. The 3 Court, under Title 18, United States Code, Section 3553(a), 4 directs district courts to impose a sentence sufficient, but 5 not greater than necessary, to comply with the following 6 sentencing purposes: 7 One, to reflect the seriousness of the offense, to 8 promote respect for the law, and to provide just punishment 9 for the offense; two, to afford adequate deterrence to 10 future criminal conduct; three, to protect the public from 11 further crimes of the defendant; and four, to provide the 12 defendant with needed educational or vocational training, 13 medical care, or other correctional treatment in the most 14 effective manner. 15 Section 3553(a) also requires the Court to 16 consider the following factors: 17 One, the nature and circumstances of the offense 18 and the history and characteristics of the defendant; two, 19 the kinds of sentences available; three, the need to avoid 20 unwarranted sentencing disparities among defendants with 21 similar records who have been found guilty of similar 22 conduct; and four, the need to pay restitution to victims of 23 the offense.
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