United States v. Goba

Facts

A federal Grand Jury in the Western District of New York indicted Ds on two counts of violating 18 U.S.C. §§ 2339B. The Government alleges that during the spring and summer of 2001, Ds traveled in two separate groups from the United States to Pakistan, and from Pakistan to Afghanistan, where they attended an al-Qaeda terrorist training camp. Ds allegedly received firearms and other tactical training, underwent anti-American and anti-Israeli indoctrination, were lectured on martyrdom and the justification for using suicide as a weapon and attended a speech personally given by Usama bin Ladin that, in part, emphasized the need to prepare and train for a “fight against the Americans.” After several weeks, Ds returned to Lackawanna, New York. They were arrested or about September 13, 2002. The Government moved for the pretrial detention of each defendant. Defendants opposed the Government’s motion. A hearing was held over 4 days. Both the Government and Ds proceeded by way of proffer with exhibits. Judge Schroeder issued a Decision and Order granting the Government’s Motion to Detain in part and denying it in part to which attached was a twenty-six-page synopsis of the proof offered by the Government and Ds during the hearing. Neither the Government nor Ds have submitted any new information or evidence to supplement that which was presented during the detention hearing. Thus, the record developed before Judge Schroeder constitutes the complete record of Ds’ detention proceedings. Ds filed motions for revocation with the present Court. Ds contend that (1) the Government improperly proceeded by proffer, (2) 18 U.S.C. § 2339B is not a “crime of violence,” (3) Ds are not flight risks, (4) D are not dangers to the community, and (5) there are conditions that this Court could impose to assure each Ds’ future appearance and the safety of the community.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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