https://www.reuters.com/article/us-new-york-crime-terrorism/u-s-appeals-court-voids-shockingly-low-17-year-sentence-in-ny-terrorism-case-idUSKBN1YV1AL
A U.S. federal appeals court on Friday ordered the resentencing of a Staten Island, New York man for attempting to provide material support to Islamic State and kill an FBI agent, saying his 17-year prison term was “shockingly low.”
The 2nd U.S. Circuit Court of Appeals in Manhattan said Fareed Mumuni’s trial judge abused her discretion in imposing a term that was 80% below the 85 years recommended by federal guidelines, and even below the 18-year term for co-defendant Munther Omar Saleh, who was not accused of attempted murder.
In a 2-1 decision, the court said U.S. District Judge Margo Brodie improperly second-guessed whether Mumuni, 25, intended to kill FBI Special Agent Kevin Coughlin in June 2015 by stabbing him repeatedly with an 8-inch kitchen knife in Mumuni’s home.
It also said Brodie gave too much weight to mitigating factors such as Mumuni’s age, his lack of a prior criminal record and support from family and friends.
Such errors “caused the district court to render a sentence that is shockingly low and unsupportable as a matter of law,” Circuit Judge Jose Cabranes wrote for the majority.
Mumuni’s lawyer did not immediately respond to requests for comment. A spokesman for U.S. Attorney Richard Donoghue in Brooklyn, whose office appealed the sentence, declined to comment.
Coughlin survived the attack.