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Trying to Kill An FBI Agent: Sentence Too

Low


January 16, 2020
The United States Court of Appeals for the Second Circuit (Second Circuit) on December 27,
2019, rejected as shockingly low a seventeen-year prison term imposed on a terrorist who
attempted to kill an FBI agent. The defendant in United States v. u imnuni faced an eighty-five-
year term under the Federal Sentencing Guidelines. One member of the three-judge panel
dissented in part because he did not believe that the sentence was so shockingly low as to
require resentencing.
Background
Fareed Mumuni met Munther Omar Saleh, his co-defendant, through a college Islamic society.
Saleh described himself as a full-fledged member of ISIS with a radicalizing gift. The two
accompanied Nader Saadeh, their co-conspirator, when Saadeh purchased hiking boots and a
compass in anticipation of Saadeh's trip to Syria to join ISIS. After his arrest, Mumuni said he
had checked out flights to Turkey from New York and had begun to raise money for the trip to
join ISIS. He also indicated at the time after his arrest that he planned to kill any officers who
tried to stop him.
Beyond overseas enlistment, Mumuni and Saleh discussed targeting police officers in this
country as well. Saleh offered Mumuni a pressure-cooker bomb. Mumuni asked if it was
religiously permissible to die in a suicide attack on the police. Saleh passed on an ISIS recruiter's
assurance that it was. Mumuni pressed Saleh on the best way to proceed. Saleh told him to bomb
the police, run over his victims with a car or truck, and use the victims' guns against other
officers.
Later, Saleh informed Mumuni that he planned to go on the attack and kill non-Muslims in this
country. Mumuni wished him luck. That night, authorities arrested Saleh and a companion after a
botched assault on an FBI agent who had been tailing them. The FBI then secured a warrant to
search Mumuni's house for his cell phone. Mumuni's mother admitted the heavily armed search
team. Hearing the commotion, Mumuni came downstairs from his bedroom with an eight-inch

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