This week the Sixth Circuit decided US v. Amawi, affirming the convictions and sentences in the “terrorism” case C|M|LAW Professor Jonathan Witmer-Rich defended at trial. The government had cross-appealed the sentences, arguing that the 20-year sentence imposed by Judge Carr on Witmer-Rich’s client, Amawi, for conspiracy, was too low (substantively unreasonable). Recently a number of circuit courts have been reversing similar sentences in terrorism cases because they are too low. The Sixth Circuit affirmed the sentences. The court affirmed the sentences, although Judge Moore, concurring, thought the trial court erred in excluding some expert witnesses Witmer-Rich had presented, though ultimately concluded the error was harmless.
The decision was highlighted on the Lawfare blog, which then posted some commentary by Professor Witmer-Rich: