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.
164363P.pdf 08/10/2018 United States v. Mohamed Farah
U.S. Court of Appeals Case No: 16-4363
and No: 16-4364
and No: 16-4366
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Gruender, Author, with Loken and Erickson, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court conducted
a sufficient inquiry over the course of two hearings into defendant
Farah's concerns, and it did not abuse its discretion by denying defendant
Farah's attorney's eve-of-trial motion to withdraw and by refusing to
appoint substitute counsel; the district court's instruction on conspiracy
to commit murder was not erroneous, as the instruction correctly defined
murder and any error concerning the question of specific intent to kill
was harmless beyond a reasonable doubt, given the evidence in the case
clearly showed all defendants understood they would engage to kill on
behalf of ISIL if they reached Syria; the district court did not err in
rejecting defendants' requests for instructions on the affirmative
defenses of combatant immunity and defense of others; based on this
record, the court can presume the district court considered the
defendants' arguments regarding sentencing disparities; defendants'
sentences, all of which were downward variances, were not substantively
unreasonable.