DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
132208P.pdf 08/25/2015 United States v. Amina Ali
U.S. Court of Appeals Case No: 13-2208
and No: 13-2209
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges]
Criminal case - Criminal law. Defendants' claim that the trial judge
should have sua sponte recused himself based on a claim that he was biased
against defendants because of their religion or equated Islam with
terrorism is rejected; prohibiting defendants from challenging the
Secretary of State's designation of al Shabaab as a foreign terrorist
organization does not violate their due process rights; Congress's
delegation of this authority to the Secretary is not an unconstitutional
delegation of legislative power; constitutional challenge to the Foreign
Intelligence Surveillance Act rejected; FISA's in camera, ex parte
procedures do not violate defendants' due process rights; the district
court did not abuse its discretion in determining that it would not
disclose the FISA materials to defendants; FISA's probable cause standard
was met; no error in denying the motion to sever defendants' trials;
Bruton error argument rejected; evidentiary challenges rejected;
challenges to the government's closing argument rejected; no error in
imposing a terrorism enhancement under Guidelines Sec. 3A1.4; no error in
imposing an enhancement under Guidelines Sec. 2M5.3(b)(1)(E); the district
court properly considered the 3553(a) factors, and defendant Ali's
sentence of 240 months was not substantively unreasonable;the district
court did not commit any procedural error in calculating defendant
Hassan's sentencing range and her below-advisory-guidelines sentence of
120 months was not substantively unreasonable.