The federal court of appeals ruled that the former judge had discretion to refuse a hearing of al-Qaeda operatives in a res trial.
On April 21, the federal court of appeals rejected the bid of al-Qaeda terrorists convicted of his role in the obstructed bombing plot targeting Manchester, England.
As a result, the court reduced Naseer’s ruling from 40 to 30 years, but refused to hold a full res hearing.
The April 21 sentence of the Second Circuit affirms the revised 30-year sentence and rejects Nasser’s argument that he should be encapsulated from scratch. The court concluded that the district judge’s long-standing familiarity with the case and the lack of new mitigation factors made the full hearing unnecessary.
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Naseer was arrested in the UK in April 2009, days before the planned attack on Manchester. At the 2015 trial, British intelligence agent testified under disguise to protect his identity, while Naseer prepared for defense from prison and represented himself in court.
“This al-Qaeda conspiracy was intended to send a message to the United States and its allies by the group’s leaders and Nasser,” said Robert Capers, a US lawyer for the Eastern District of New York, in a statement on November 24, 2015, the day the judge served as Naser’s 40-year penalty. “Today’s ruling sends a stronger message: Terrorists targeting the United States and its allies will be held liable for violent crimes to the full extent of the law.”
Naseer was not charged in US or Danish parcels, but authorities allegedly communicated and coordinated with other al-Qaeda operatives involved in these planned attacks.
However, the Court of Appeals did not grant abuse of discretion. The panel cited Deary’s restic decision, “The number of Nasser’s convictions is now changing with Vacature, the act he is engaged and the court deems appropriate to a 40-year sentence, but that is not the case.”
The appeals judge also cited the district court’s finding that Naser continued to show “no regrets,” providing no evidence of altered thinking that could reduce the risks he raised.
Naseer’s attorney, Randa Maher, did not immediately respond to requests for comment regarding the ruling.
