1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria ...

1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria ...

22 Pages · 2017 · 149 KB · English

Daniel, 3 F.3d 775, 778 (4th Cir. 1993), so it appears the Ramos court militant Islamism (and not Nazism or white supremacism).5. B. Firearms, Body Armor and .. the court had nothing to do with Nazism/white supremacism but rather with standard militant Islamism evidence concerning mujahedeen.

1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria ... free download

1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA, Plaintiff, v NICHOLAS YOUNG, Defendant ) ) ) ) ) ) ) Case No: 16cr265 (LMB) REPLY IN SUPPORT OF DEFENDANT NICHOLAS YOUNG’S OMNIBUS MOTION IN LIMINE Defendant Nicholas Young is charged with giving gift cards, valued at $245, to an under cover informant who pretended to join the Islamic State in Syria (“ISIS”) If true, this would constitute a n attempted violation of 18 USC § 2339B – as would a gift of one dollar – since the statute does not contain a de minimis exception The gift cards capped an undercover investigation into Mr Young that began in 2010 or earlier, some six years before he was arrested in this case 1 ISIS, the foreign terrorist organization at issue, came into existence sometime in 2014 – or about four years after the terrorism investigation began Before pleading with his friend for the gift cards in July 2016, the informant had cultivated Mr Young’s friendship for two years Mr Young had other friends too Years before his informant friend encouraged him to commit the charged crime , the government arranged Mr You ng’s friendship with a separate undercover agent As with the informant who would follow, the government agent egged on radical viewpoints and extreme opinions in Mr Young 1 The government argues this is not just a gift card case, since it has charged obstruction of justice for attempts to “mislead the FBI in December 2015 about his contacts with Mo [the undercover informant]” Opp at 1 It could not charge a false statement under 18 USC § 1001 as there is no argument for the materiality of a statement concerning a fictitious investigation into a fictitious identity created by inve stigators That problem is not solved via the expedient of pleading a violation of 18 USC § 1512, which requires the obstruction of an “official proceeding,” not a fictitious governmental investigation into its own informant See, eg , United States v Gary Ermoian , 727 F3d 894, 911 (9th Cir 2013) (holding that a criminal investigation, much less a fictitious one, is not an “official proceeding” under § 1512) This issue will be briefed at the appropriate time Case 1:16cr00265LMB Document 128

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