Sentence upheld in ‘Jihad Net’ case
Ali Asad Chandia, last convict of Virginia’s famed “Jihad Net” 11, has 15-year sentence upheld on appeal
A 15-year federal sentence stands against the last of the “Jihad Net 11” after an April 25 hearing confirmed penalties for the Muslim school teacher’s role in supporting Pakistani terrorists.
And Ali Asad Chandia made 12 – the number of the young men convicted for roles in the "Virginia jihad network," that used paintball games in jihad tactical training.
Prosecutors at Chandia’s 2006 trial said while he did not participate in the games he knew other members in the conspiracy and took part in assisting international terrorists.
Chandia’s lawyer had been following numerous appeal strategies, and he said he will appeal the sentence again.
The question decided last Friday focused on earlier sentencing guidelines – if proper for imposing a terrorism enhancement to the recommended penalty, approximately doubling the prison time.
Chandia attorney Marvin Miller of Alexandria argued the government’s use of the enhancement denied Chandia’s constitutional right to free association – having terrorist friends.
Miller also argued the executive branch’s designation of a group as a terrorist organization was unconstitutional on a separation of powers technicality.
He said further the district court did not resolve disputes properly at an earlier sentencing hearing over technical matters missing in certain statements of fact.
A federal circuit court affirmed Chandia's convictions while vacating the sentence so the district court could include the proper technical fact statements for doubling the penalty.
U.S. Attorney John T. Gibbs argued the government’s defense of the sentencing and other case questions on behalf of the U.S. Department of Justice.
He said the Dar al Arqam Islamic Center in Falls Church was a support network for Pakistani terrorists; FBI investigators discovered it after searching six houses, Chandia’s included.
The search followed FBI Special Agent John Wyman’s probe of the training operation.
Chandia's residence yielded significant evidence used at trial, and indictments began emerging in June 2003 on the 11. Chandia was indicted separately at a later date.
The government alleged Chandia attended Pakistani military camps run by Lashkar-e-Taiba, a group designated by U.S. authorities as a foreign terrorist organization in 2001.
Chandia’s conviction and sentence stands on three counts of providing material support to terrorists or terrorist organizations.
In the dispute of the case, appellate judges determined the law and prior court decisions affirmed the U.S. government’s ability to designate Lashkar-e-Taiba as a foreign terrorist organization.