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United States v. Alessa

United States District Court, D. New Jersey

May 21, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MOHAMED ALESSA, UNITED STATES OF AMERICA, Plaintiff CARLOS E. ALMONTE.

Paul J. Fishman, United States Attorney, United States Attorney's Office, Newark, New Jersey; L. Judson Welle, Asst. U.S. Attorney, Andrew D. Kogan, Asst. U.S. Attorney, U.S. Attorney's Office, Newark, New Jersey; Stanley L. Cohen, Esq., New York, New York, Attorney for Movant Mohamed Alessa.

James C. Patton, Esq., Livingston, New Jersey, Attorney for Movant Carlos E. Almonte.

OPINION

DICKINSON R. DEBEVOISE, Senior United States District Judge.

Defendants, Mohamed Alessa and Carlos Almonte pled guilty to a conspiracy to engage in acts of terrorism in a foreign country, specifically Somalia. On April 15, 2013 a lengthy sentencing hearing was held. At the conclusion the Court, granting variances from the Guidelines, sentenced Alessa to 22 years imprisonment and Almonte to 20 years imprisonment, each with lifetime supervised release. On April 29, 2013, the Defendants filed a motion seeking an Order:

1. Pursuant to Local Rule 7.1(i) of the Federal Rules of Civil Procedure, and the Court's inherent authority, to reconsider the sentences previously imposed upon the co-Defendants; and

2. Following such reconsideration, to order a new sentencing hearing; or

3. For a hearing upon the instant application.

The reasons for the motion were:

1) the Government had learned during the sentencing hearing about the Boston Marathon bombing;

2) the Government reshaped its closing argument to include as a basis for a lengthy sentence the danger Defendants posed to the New York metropolitan area;

3) the Court learned of the Boston bombings before imposing the sentence; and

Page 572

4) Defendants were unaware of the Boston bombings.

Under the circumstances described below, the Boston bombing did not and could not have affected the Defendants' sentence, and ...


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