United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE.
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.
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).
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.
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.
The Nature and Circumstances of the Offense and the History
and Characteristics of the Defendant
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.
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.
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.
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 ...