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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA v. HANA AMAL BESHARA (a/k/a “Phara” and “Phara0ess”), Defendant. ) ) ) ) ) ) ) Criminal No. 1:11-cr-447-001 Hon. Anthony J. Trenga Hearing: January 13, 2012

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 United States did not oppose self-surrender, and the Court released Beshara pending her designation to a BOP institution. In light of Beshara’s post-sentencing conduct, the United States seeks reconsideration of that ruling. Title 18, United States Code, Section 3143(a) provides that “the judicial officer shall order that a person defendant who has been found guilty of an offense and who is awaiting imposition or execution of sentence . . . be detained unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other 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-accessible message 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 will always be proud of this incredible world we built, this community that touched millions. I hold my head high. Always. Ride or die, no? THIS SHIT IS NINJA.” Between Friday afternoon and 1

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this morning, Beshara posted more than 25 additional Facebook messages, which variously criticized the government, celebrated NinjaVideo.net’s copyright infrignement, and sought to assemble 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 on what 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 illegal conduct and a disregard of the harm her actions have caused, and pose a danger to the community. 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’s refusal 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” that detention pending appeal was appropriate); United States v. Jinwright, No. 3:09-cr-67, 2010 WL 2926084 (W.D.N.C. July 23, 2010) (“economic danger” to community justified post-conviction detention where court believed defendant may “continue[] to participate in possibly fraudulent schemes”); 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,” and finding 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 based on militant lack of responsibility). In addition, in Facebook posts made in response to comments on her NinjaVideo.net forum entry entitled “My, ‘I AM GOING TO PRISON’ Post”, Beshara suggests she may engage in physical violence with her future fellow inmates. See Ex. 3 at 2 2

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(“know this. IMA RUN MY FUCKIN CELL BLOCK. :)”); id. (“don’t worry, I grew up in Brooklyn, 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 that the Court order Beshara detained immediately.

Respectfully Submitted, Neil H. MacBride UNITED STATES ATTORNEY By: /s/ Lindsay A. Kelly Jay V. Prabhu Assistant United States Attorneys United States Attorney’s Office Eastern District of Virginia

Dated: January 9, 2012

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CERTIFICATE OF SERVICE I hereby certify that on January 9, 2012, I electronically filed the foregoing with the Clerk of Court using the CM/ECF filing system, which will send a notification of filing (NEF) to: David B. Smith, Esq. 526 King Street, Suite 213 Alexandria, VA 22314 Office: 703-548-8911 E-mail: winneratny@aol.com Counsel for Hana Amal Beshara

By:

/s/ Lindsay A. Kelly Assistant United States Attorney United States Attorney’s Office Eastern District of Virginia 2100 Jamieson Ave. Alexandria, VA 22314-5794 Phone: 703.299.3700 Fax: 703.299.3981 Email: lindsay.a.kelly@usdoj.gov

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