It was not alleged at trial that Zazi had destroyed his son's incriminating possessions, but that he directed other family members to do so. The evidence for the charge was the testimony of Zazi's brother-in-law and nephew (the one he sponsored to come to the U.S.) both of whom testified after cooperating with the Government in exchange for leniency for their own misdeeds.

His lies to the FBI involved his relationship with Queens-based imam, Ahmed Wais Afzali, and refusal to acknowledge they had spoken on the phone, and his false statement that his nephew was his adopted son. The Government also presented evidence (again through testimony of his brother-in-law and nephew) that he asked family members to lie to the grand jury and say his nephew was his adopted son. (Zazi never testified before the grand jury.)

Without the terrorism enhancement, the defense said Zazi's guidelines were 97 to 121 months.

Probation determined the terrorism enhancement applied because Mr. Zazi was convicted of “felonies that involved or were intended to promote a federal crime of terrorism, to wit, the subway plot.” Also, it found that Najibullahs' bombing plot “was intended to influence or affect the conduct of the United States by intimidation or coercion or retaliation against government conduct."

The defense argued in its sentencing memor