Mirsad Ramic v. United States

The § 3A1.4 terrorism sentencing guideline enhancement incorporates the statutory definition for a “Federal crime of terrorism[.]” U.S.S.G. § 3A1.4, Application Note 1. Title 18 U.S.C. § 2332b(g)(5)(A)’s definition of a “Federal Crime of Terrorism” refers to “an offense that … is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.” Neither “government” nor “calculated” is defined. After the President derecognized the Bashar al-Assad regime as the legitimate government of Syria, Mirsad Ramic left the United States, joined ISIS, and fought in the Syrian civil war. A federal jury later convicted him of terrorismrelated offenses, and the District Court applied the § 3A1.4 terrorism sentencing enhancement, a decision that a Sixth Circuit panel affirmed. The questions presented are: I. Whether a foreign regime that the President of the United States has derecognized as a government is a “government” under the definition for a “Federal crime of terrorism”? II. Whether leaving the United States, joining ISIS, and fighting in the Syrian civil war is conduct that is “calculated” to influence or affect the United States under the definition for a “Federal crime of terrorism”?