Mtn Reconsider Surrndr
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1IN THE UNITED STATES DISTRICT COURTEASTERN DISTRICT OF VIRGINIAAlexandria DivisionUNITED STATES OF AMERICA )) Criminal No. 1:11-cr-447-001v. )) Hon. Anthony J. TrengaHANA AMAL BESHARA )(a/k/a “Phara” and “Phara0ess”), ) Hearing: January 13, 2012Defendant. )
MOTION FOR RECONSIDERATION OF SELF-SURRENDER
On January 6, 2012, the Court sentenced Defendant HANA AMAL BESHARA(“Beshara”) to 22 months imprisonment for her role in NinjaVideo.net. At that time, the UnitedStates did not oppose self-surrender, and the Court released Beshara pending her designation to aBOP institution. In light of Beshara’s post-sentencing conduct, the United States seeksreconsideration of that ruling.Title 18, United States Code, Section 3143(a) provides that “the judicial officer shallorder that a person defendant who has been found guilty of an offense and who is awaitingimposition or execution of sentence . . . be detained
unless
the judicial officer finds by clear andconvincing evidence that the person is not likely to flee or pose a danger to the safety of anyother person or the community if released” (emphasis added). The defendant bears the burden of establishing that detention is unwarranted.
See
Fed. R. Cr. P. 46(c).Almost immediately after leaving this Courthouse, Beshara posted a publically-accessiblemessage on NinjaVideo’s Facebook.com account, announcing her sentence and telling NinjaVideo’s 16,897 Facebook followers: “I never snitched, I never left Ninjavideo, and I willalways be proud of this incredible world we built, this community that touched millions. I holdmy head high. Always. Ride or die, no? THIS SHIT IS NINJA.” Between Friday afternoon and
Case 1:11-cr-00447-AJT Document 101 Filed 01/09/12 Page 1 of 4 PageID# 665
2this morning, Beshara posted more than 25 additional Facebook messages, which variouslycriticized the government, celebrated NinjaVideo.net’s copyright infrignement, and sought toassemble a public relations team to engage media and documentary filmmakers to help her “fight back” and “change[ ] history . . . again.”
See
Exhibit 1. Beshara also posted several entries onwhat remains of the NinjaVideo.net forum boards, now hosted at www.ninjavideoforum.net,one
of which belittled the sentence imposed by the Court and mocked the named victim of her crimes.
See
Exhibit 2 (visited Jan. 9, 2012).Beshara’s post-sentencing actions demonstrate a clear lack of remorse over her illegalconduct and a disregard of the harm her actions have caused, and pose a danger to thecommunity. Courts regularly note such a lack of remorse in ordering post-conviction detention.
See
,
e.g.
,
United States v. Nicolo
, 706 F.Supp.2d 330, 335-36 (W.D.N.Y. 2010) (“Nicolo’srefusal to accept any responsibility for his actions, and his utter lack of remorse for his crimes, or for the harm and suffering that he has inflicted upon others, reinforces this conclusion” thatdetention pending appeal was appropriate);
United States v. Jinwright
, No. 3:09-cr-67, 2010 WL2926084 (W.D.N.C. July 23, 2010) (“economic danger” to community justified post-convictiondetention where court believed defendant may “continue[] to participate in possibly fraudulentschemes”);
United States v. Norman,
No. 08-tp-80004-Cr., 2009 WL 464078, *3 (S.D.Fla. Feb.24, 2009) (commenting on “Defendant’s fundamental lack of respect for the rule of law,” andfinding he “pose[d] a threat of economic danger to the community”);
United States v. Malquist,
619 F.Supp. 875, 878 (D.Mont.1985) (non-violent tax protester detained pending appeal basedon militant lack of responsibility). In addition, in Facebook posts made in response to commentson her NinjaVideo.net forum entry entitled “My, ‘I AM GOING TO PRISON’ Post”, Besharasuggests she may engage in physical violence with her future fellow inmates.
See
Ex. 3 at 2
Case 1:11-cr-00447-AJT Document 101 Filed 01/09/12 Page 2 of 4 PageID# 666
3(“know this. IMA RUN MY FUCKIN CELL BLOCK. :)”);
id.
(“don’t worry, I grew up inBrooklyn, I can shank it up with the best of them. o_O”).In light of Beshara’s post-sentencing conduct, the United States respectfully requests thatthe Court order Beshara detained immediately.Respectfully Submitted, Neil H. MacBrideUNITED STATES ATTORNEYBy: /s/Lindsay A. KellyJay V. PrabhuAssistant United States AttorneysUnited States Attorney’s OfficeEastern District of Virginia
Dated: January 9, 2012
Case 1:11-cr-00447-AJT Document 101 Filed 01/09/12 Page 3 of 4 PageID# 667
