Argued: May 10, 2018
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony John Trenga,
District Judge. (1:14-cr-00230-AJT-1; 1:14-cr-00230-AJT-2)
C. Kamens, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria,
Virginia, for Appellants.
Jonathan Y. Ellis, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Appellee.
Whitney E.C. Minter, First Assistant Federal Public Defender,
OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia;
Alan H. Yamamoto, LAW OFFICE OF ALAN YAMAMOTO, Alexandria,
Virginia, for Appellants.
J. Boente, United States Attorney, James P. Gillis, Assistant
United States Attorney, Danya E. Atiyeh, Assistant United
States Attorney, Joseph S. Attias, Special Assistant United
States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,
Alexandria, Virginia, for Appellee.
NIEMEYER, KEENAN, and HARRIS, Circuit Judges.
NIEMEYER, Circuit Judge.
a bench trial, the district court found Muna Osman Jama and
Hinda Osman Dhirane guilty of conspiracy to provide and of
providing on numerous occasions material support to
al-Shabaab, a designated foreign terrorist organization, in
violation of 18 U.S.C. § 2339B. The defendants,
naturalized American citizens who were born in Somalia,
collected money from members of online chat rooms and
transmitted the funds to coconspirators in Somalia and Kenya
to assist al-Shabaab's terrorist activities in the Horn
of Africa. The district court sentenced Jama to 144
months' imprisonment and Dhirane to 132 months'
appeal, the defendants contend (1) that the district court
erred in denying their motion to suppress evidence obtained
pursuant to warrants issued under the Foreign Intelligence
Surveillance Act ("FISA"), arguing that the
evidence was obtained unconstitutionally in light of
FISA's ex parte and in camera judicial
review process; (2) that the district court applied an
incorrect legal standard to conclude that two coconspirators
in Somalia and Kenya, to whom the defendants transmitted
monies, were "part of" al-Shabaab; and (3) that the
district court erred in applying sentencing enhancements
under U.S.S.G. § 2M5.3(b)(1)(E) (providing for a
two-level enhancement when the support to a foreign terrorist
organization was provided with the intent, knowledge, or
reason to believe it would be used to assist in the
commission of a violent act).
reasons that follow, we affirm.
2008, the U.S. Department of State designated al-Shabaab a
foreign terrorist organization under § 219 of the
Immigration and Nationality Act, 8 U.S.C. § 1189. At
that time and continuing through the events of this case,
al-Shabaab was engaged ...