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Ahmad_def Sentencing Memo

Ahmad_def Sentencing Memo

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Published by DavidKihara

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Published by: DavidKihara on Apr 13, 2012
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IN THE UNITED STATES COURT FOR THEEASTERN DISTRICT OF VIRGINIAAlexandria DivisionUNITED STATES OF AMERICA))v.)Criminal No. 1:11-CR-554))Sentencing Date: April 13, 2012JUBAIR AHMAD,))The Honorable T. S. Ellis, III)Defendant.)DEFENDANT’S POSITION WITH REGARD TO SENTENCING FACTORS
Pursuant to Rule 32 of the
 Federal Rules of Criminal Procedure
and section 6A1.3 of theadvisory
United States Sentencing Guidelines
(U.S.S.G.), the Defendant, Mr. Jubair Ahmad (“Mr.Ahmad”), by counsel, states that he has received and reviewed the Presentence Report (“PSR”).Mr. Ahmad offers no objection to the Probation Officer’s calculation of the advisory Guidelinesrange of 180 months (restricted) as reflected in the Presentence Report (“PSR”). Nevertheless,Mr. Ahmad respectfully asks the Court to impose a sentence of 24 months of imprisonment, whichis sufficient, but not greater than necessary, to comply with the purposes of sentencing enunciated by Congress in 18 U.S.C. § 3553(a)(2).
BACKGROUND
Mr. Ahmad was born on the Fourth of July 1987, in Sialkot Pakistan. When he was three,his parents applied for a visa for the family to immigrate to the United States. The visa wasgranted sixteen years later, and on February 19, 2007, Mr. Ahmad and his family immigrated tothe United States. PSR at ¶ 49. After arriving in Virginia, Mr. Ahmad worked hard as an
Case 1:11-cr-00554-TSE Document 49 Filed 04/07/12 Page 1 of 34 PageID# 408
 
electrician. PSR at ¶ 60. He paid his taxes, joined the International Brotherhood of ElectricWorkers Local Union 26, and bought a car. PSR at ¶ 60-63. Those who know Mr. Ahmad in theworld outside of the internet know him to be “an honest, law abiding, hard working [man who]would never hurt anyone.” Letter from Bruce Miller dated March 30, 2012 (Attachment B).But having come to the United States at age 19, and with few cultural ties to America, Mr.Ahmad spent much of his free time on the internet in Pakistani forums. Mr. Ahmad does notdispute that some of his speech on the internet in these forums was intolerant and, in generalterms, advocated violence, almost exclusively against the Indian army in Kashmir. Nor does hedispute that, in the wake of 
 Holder v. Humanitarian Law Project 
, 130 S. Ct. 2705 (2010), hisspeech could be proscribed. But this case, which appears to be among the first prosecutions of itskind and the direct result of 
 Humanitarian Law Project 
, cannot be taken out of the context of Mr.Ahmad’s law abiding conduct offline, his upbringing in Pakistan, the ongoing conflict betweenPakistan and India over the disputed region of Kashmir, and Pakistan’s state-sponsored use of groups like Lashkar-e-Tayyiba to counter India’s overwhelming military superiority.The border between India and Pakistan has been called, “The World’s Most DangerousBorder.”
The Economist,
The World’s Most Dangerous Border, May 19, 2011 (Attachment C).And Mr. Ahmad’s hometown of Sialkot lies within its shadow. India and Pakistan have foughtthree major wars since the partition of British India. In fact, partition was founded in the belief that Muslims and Hindus could never live together.
Storming the World Stage, the Story of  Lashkar-e-Taiba
, Stephen Tankel 12 (2011). The two countries have fought since their inceptionover the accession of the princely state of Jammu and Kashmir to India in 1947. The current2
Case 1:11-cr-00554-TSE Document 49 Filed 04/07/12 Page 2 of 34 PageID# 409
 
 border, or “Line of Control,” has remained virtually the same since a cease fire was signed onJanuary 1, 1949, with Pakistan controlling roughly one third of the disputed territory and India theremaining two thirds. S
TEPHEN
T
ANKEL
,
 
S
TORMING THE
W
ORLD
S
TAGE
,
THE
S
TORY OF
L
ASHKAR 
-
E
-T
AIBA
48 (2011).Following the cease-fire, Pakistan continued to send guerillas into Indian-administeredKashmir, a practice that has continued on and off for more than six decades.
 Id.
at 49. Pakistanlaunched a full-scale invasion of Kashmir in August 1965, but when an Indian counterattack threatened Pakistan itself, another ceasefire was reached. The two sides returned to their previous positions along the border.
 Id.
at 50. Five years later, India intervened in the civil war betweenEast and West Pakistan. The Indian military’s decisive defeat of the Pakistani military led to thenew state of Bangladesh and formal transformation of the ceasefire line into the Line of Control.According to one expert on LeT, one consequence of Pakistan’s defeat was to reinforce theidea of using proxies to avoid ever again directly engaging the Indian military.
 Id.
A secondconsequence was to leave Pakistan wanting revenge for India’s second partition of its territory.
 Id.
One of the groups Pakistan turned to in its proxy war with India was LeT. When violence eruptedalong the border again in the late 1990’s, members of Pakistan’s intelligence service, theDirectorate for Inter-Service Intelligence (“ISI”), coordinated and planned LeT’s strikes againstthe Indian army in Kashmir.
 Id.
at 61. These attacks again resulted in war in the summer of 1999.Again, a massive Indian counterattack brought the parties to the negotiating table.
 Id.
at 63. Itwas during this conflict that LeT began a series of Fidayeen attacks, which were “launched” fromPakistan.
 Id.
These attacks are made by 3-5 men assaulting security camps where Indian police or 3
Case 1:11-cr-00554-TSE Document 49 Filed 04/07/12 Page 3 of 34 PageID# 410

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