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United States v. Juraboev

United States District Court, E.D. New York

October 27, 2017

UNITED STATES OF AMERICA,
v.
ABDURASUL HASANOVICH JURABOEV, Defendant.

          MEMORANDUM & ORDER

          HON. WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE.

         On August 14, 2015, the defendant, Abdurasul Hasanovich Juraboev, pleaded guilty to one count of Conspiracy to Provide Material Support to a Foreign Terrorist Organization, in violation of 18 U.S.C. § 2339B(a)(1). The Court now sentences the defendant and provides a complete statement of reasons pursuant to 18 U.S.C. § 3553(c)(2) of those factors set forth by Congress and the President and contained in 18 U.S.C. § 3553(a). For the reasons discussed below, the defendant is hereby sentenced to 180 months of incarceration and payment of a $100.00 special assessment.

         BACKGROUND

         On February 24, 2015, the United States filed a Complaint against Abdurasul Hasanovich Juraboev ("Defendant") and two co-defendants, alleging they had conspired to provide material support to a foreign terrorist organization, to wit the Islamic State of Iraq and the Levant ("ISIL"). ECF No. 1. The Government subsequently indicted Defendant and his co-defendants on March 9, 2015, ECF No. 14, and thereafter filed two Superseding Indictments on April 6, 2015, and June 8, 2015, respectively, ECF Nos. 28 & 63. On August 14, 2015, Defendant pleaded guilty to the first count of the Second Superseding Indictment (S-2), which alleged one count of Conspiracy to Provide Material Support to a Foreign Terrorist Organization, in violation of 18 U.S.C. § 2339B(a)(1). The Court hereby sentences Defendant and sets forth its reasons for Defendant's sentence using the rubric of the 18 U.S.C. § 3553(a) factors pursuant to 18 U.S.C. § 3553(c)(2).

         DISCUSSION

         I. Legal Standard

         18 U.S.C. § 3553 outlines the procedures for imposing a sentence in a criminal case. If and when a district court chooses to impose a sentence outside of the Sentencing Guidelines range, the court "shall state in open court the reasons for its imposition of the particular sentence, and ... the specific reason for the imposition of a sentence different from that described" in the Guidelines. 18 U.S.C. § 3553(c)(2). The court must also "state[] with specificity" its reasons for so departing "in a statement of reasons form." Id.

         "The sentencing court's written statement of reasons shall be a simple, fact-specific statement explaining why the guidelines range did not account for a specific factor or factors under § 3553(a)." United States v. Davis, 08-CR-332, 2010 WL 1221709, at *1 (E.D.N.Y.Mar. 29, 2010) (Weinstein, J.). Section 3553(a) provides a set of seven factors for the court to consider in determining what sentence to impose on a criminal defendant. The Court addresses each in turn.

         II. Analysis

         A. The Nature and Circumstances of the Offense and the History and Characteristics of the Defendant

         The first § 3553(a) factor requires the Court to evaluate "the nature and circumstances of the offense and the history and characteristics of the defendant." 18 U.S.C. § 3553(a)(1).

         Defendant was born on July 28, 1990, in the Jizzakh Province of Uzbekistan, to married parents, with whom he shares a close relationship. See Presentence Investigation Report ("PSR") ¶ 45, ECF No. 116. Defendant has three brothers and two sisters, with whom he is also close. Id. ¶ 47. Defendant's parents are farmers who raised him in a low-income household where Defendant was provided with the basic necessities, but the family could only afford to pay for electricity or other utilities approximately thirty percent of the time. Id. ¶¶ 45-46. Defendant has explained that most of the people in his village lived under similar circumstances. Id. ¶ 46. In 2008, Defendant graduated with the equivalent of a high school degree from School No. 34 in the Sobir Rakhimov District of Alamli, Uzbekistan. Id. ¶ 54.

         Defendant continued to live in his family home until the age of twenty-one, at which time he received a visa to immigrate to the United States through the State Department's Diversity Immigrant Visa Program, commonly referred to as the "green card lottery." Id. ¶ 48. Although Defendant had no family residing in the United States, he took the opportunity to move to Brooklyn, New York, where he worked a number of jobs, including most recently as a salad cutter and delivery person for a gyro restaurant. Id. ¶ 48, 57-64. In 2012, Defendant completed a training program to work as a health care aid, but he has never worked in that field. Id. ¶ 55. Defendant had no criminal history prior to the instant arrest. Id. ¶ 40.

         In August 2014, agents of the Federal Bureau of Investigation's ("FBI") Joint Terrorism Task Force discovered a post on the Uzbek language social media site www.hilofatnews.com ("Hilo Fat News") in which an individual, later determined to be Defendant, expressed support for ISIL, which has been designated a Foreign Terrorist Organization by the State Department. Id. ¶¶ 4, 7. In the same post, Defendant expressed a desire to be a martyr for ISIL and threatened to kill the President of the United States. Id. ¶ 7. After determining that Defendant was the author of the posts, FBI agents interviewed Defendant at his apartment on August 15, 2014. Id. During this interview, Defendant admitted to having written the posts and reiterated his support for ISIL, his desire to travel to Syria to fight with ISIL, and his intention to kill the President. Id. FBI agents interviewed Defendant again three days later; at this second ...


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