April 6, 2012 4th Circuit published opinion

United States v Chandia

Cahndia was convicted of material support of a terrorist organization. At his previous sentencing hearings, the sentencing judge adopted the presentence reports recommendation of a terrorism enhancement without making factual findings in support of that enhancement and sentenced Chandia to 180 months incarceration. Both previous sentences were vacated and the case remanded. At the final hearing, the judge identified several emails, conversations and other evidence which supported a finding of specific intent to aid terrorism and again sentenced Chandia to 180 months incarceration. The panel affirmed holding the facts found by the sentencing judge were sufficient to find the enhancement applied under a preponderance of the evidence standard and the sentence was reasonable.

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