Monday, October 24, 2022

10/24/22: case on “organizer” or “leader” Guidelines increase

In United States v. Kabir, --- F.4th ---, No. 21-50141 (9th Cir. 2022), the Court affirmed Sohiel Omar Kabir sentence on terrorism-related charges. 

The opinion does not really break new ground.  The Court held:  "[T]he district court reasonably concluded that Kabir had 'the necessary influence and ability to coordinate the behavior of others so as to achieve [a] desired criminal result,' meaning that he was an 'organizer' within the meaning of USSG § 3B1.1(c)."  

The Court also rejected a few other arguments under the plain-error standard.