No. 24-125

Ahmed Alahmedalabdaloklah v. United States

Lower Court: Ninth Circuit
Docketed: 2024-08-05
Status: Denied
Type: Paid
Experienced Counsel
Tags: brady-disclosure brady-obligations conspiracy criminal-law criminal-statute due-process extraterritorial-application extraterritoriality-jurisdiction federal-agencies federal-agency improvised-explosive-devices statutory-interpretation
Key Terms:
DueProcess Immigration Privacy JusticiabilityDoctri
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Whether 18 U.S.C. 844(f) and (n) apply extraterritorially to offenses committed abroad by non-U.S. persons, despite the statute's lack of any affirmative indication of extraterritorial application

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Ahmed a Syrian national, was convicted for allegedly conspiring, while in Iraq and China, to undertake actions in Iraq following the U.S. invasion. The government alleged that petitioner conspired with members of an insurgent group to employ improvised explosive devices against the American military in Iraq. The court of appeals upheld petitioner’s conviction under 18 U.S.C. 844(f) and (n) for conspiring to destroy United States property, notwithstanding the presumption against on the ground that all criminal statutes that protect the government apply extraterritorially. The court of appeals also rejected petitioner’s claim under Brady v. Maryland, 373 U.S. 83 (1963), on the ground that the prosecution had no obligation to produce evidence held by the Department of Defense’s Central Command, even though the district court had held that the evidence was directly relevant to the defense case, and Central Command had previously assisted the government with its investigation and affirmative case. The questions presented are: 1. Whether 18 U.S.C. 844(f) and (n) apply extraterritorially to offenses committed abroad by non-U.S. persons, despite the statute’s lack of any affirmative indication of extraterritorial application. 2. Whether the government’s Brady obligations extend to a federal-agency component that assisted the prosecution. ii RELATED CASES The proceedings directly related to this petition are: United States v. Ahmed No. 2:12-cr-01263 (D. Ariz. Nov. 8, 2018) United States v. Ahmed No. 18-10435 (9th Cir. Feb. 28, 2024)

Docket Entries

2024-12-09
Petition DENIED.
2024-11-19
DISTRIBUTED for Conference of 12/6/2024.
2024-11-18
2024-11-04
Brief of respondent United States in opposition filed.
2024-09-25
Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2024.
2024-09-24
Motion to extend the time to file a response from October 4, 2024 to November 4, 2024, submitted to The Clerk.
2024-08-13
Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2024.
2024-08-12
Motion of United States for an extension of time submitted.
2024-08-12
Motion to extend the time to file a response from September 4, 2024 to October 4, 2024, submitted to The Clerk.
2024-08-01
Petition for a writ of certiorari filed. (Response due September 4, 2024)
2024-05-19
Application (23A1022) granted by Justice Kagan extending the time to file until August 1, 2024.
2024-05-15
Application (23A1022) to extend the time to file a petition for a writ of certiorari from June 2, 2024 to August 1, 2024, submitted to Justice Kagan.

Attorneys

Ahmed Alahmedalabdaloklah
Ginger D. AndersMunger, Tolles & Olson LLP, Petitioner
Ginger D. AndersMunger, Tolles & Olson LLP, Petitioner
Molly Alana Karlin — Petitioner
Molly Alana Karlin — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent