The Government has, at best, established that the Defendant, who harbors sympathy and admiration for “fighting” non-Muslims abroad and establishing Shariah law, made a false statement about discussing traveling to Somalia. “[A] defendant’s abstract beliefs, however obnoxious to most people, may not be taken into consideration by a sentencing judge.” Wisconsin v. Mitchell, 508 U.S. 476 (1993) (citing Dawson v. Delaware, 503 U.S. 159 (1992)).
That the Government has not established that Defendant’s false statement “involved” international terrorism is confirmed by the fact that even the FBI agents who heard the conversations with the informant that were played for the Court, were unsure of the dangerousness of Defendant’s expressed desire to go to Somalia until he denied having discussed traveling there. While the denial suggests a nefarious purpose, it does not serve as sufficient proof for this Court that the Defendant’s false statement involved international terrorism.
Had the Government proved beyond a reasonable doubt that the reason Mr. Simpson lied about discussing travel to Somalia was because he intended to engage in violent jihad there, even if he had no definite or concrete plan to do so, the Court would have had a more solid basis for finding that Mr. Simpson’s false statement involved international terrorism. The possibility that the Defendant did in fact intend to go to Somalia to engage in violent jihad exists, as the Defendant never presented any alternative reason for going there.
However, that is not the Defendant’s burden and as stated, the Government has not established beyond a reasonable doubt that the Defendant had such intentions. As it is, the Government only established that Mr. Simpson discussed traveling to Somalia and later lied about discussing traveling to Somalia. The Government also established that Mr. Simpson expressed sympathy and admiration for individuals who fight non Muslims — possibly even those who engage in violent jihad in other countries including Somalia — that he would like to see Shariah law established, and that he believed that fighting non-Muslims would lead to heaven.
However obnoxious, troubling or repugnant these beliefs and statements may be, this Court cannot find that sufficient evidence exists to enhance the Defendant’s sentence.
