United States v. Alhaggagi

Because Defendant's offense satisfies both parts of 18 U.S.C. § 2332b(g)(5), the offense involves a "federal crime of terrorism," and the terrorism enhancement applies. See U.S.S.G. § 3A1.4(a) (2018).

B. Enhancement's Treatment of Criminal History

Nevertheless, as the Court held at sentencing, the enhancement's treatment of criminal history-automatically assigning to all terrorism defendants a criminal history category of VI-is inappropriate based on the seriousness of the crime, inappropriate based on assumptions about recidivism, and inappropriate as to this Defendant, warranting a downward…