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Rana Sentencing: Judge Rejects Terror Enhancement

Tahawwur Rana, David Headley's co-defendant in the Chicago terror case related to the Mumbai bombings and planned attack on a Danish newspaper, was sentenced to 14 years today. The Government had sought a 30 year sentence.

Rana was convicted on two counts of a Superseding Indictment (Counts Eleven and Twelve) of conspiring to providing material support to a plot to attack a private newspaper in Denmark, the Jyllands-Posten, and providing material support to Lashkar e Tayyiba (“Lashkar” or “LeT”), a designated terrorist organization. The plot against the Jyllands-Posten was not executed, and no one was killed or injured.

Rana was acquitted on a third charge (Count Nine) which alleged that he conspired to provide material support to attacks in India, including the Mumbai attack in 2008. (Counts Nine and Eleven were charged as a conspiracy, Count 12 was charged as a substantive offense.)

The Judge rejected the Government's request to apply the terror enhancement guideline to Rana. Under the U.S. Sentencing Guidelines, the enhancement provides for a 12 level increase in the base offense level, and automatic placement in criminal history category VI (the highest category) if a defendant’s “offense is a felony that involved or was intended to promote a federal crime of terrorism.” [More...]

The judge also rejected the government's argument that the plot against the Danish newspaper was meant as a broader attack against the Danish government, amounting to an act of terrorism that should mean a harsher sentence.

Leinenweber said it seemed clear the plot was solely targeting an independent newspaper on private property, and he noted that there was no shortage of government targets in Copenhagen if they had wanted to strike at Denmark's leaders.

Prior to trial, the Government filed Bills of Particular on the three counts. According to the defense,

The bills of particulars make the following clear. Count Nine charged conspiracy to provide material support to the activity in India, including the Mumbai attack. Count Eleven charged conspiracy to provide material support to the Jyllands-Posten plot. Count Twelve charged material support to Lashkar in relation to Mumbai and th