Citations
- 381 F.3d 316
Full opinion text
Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judges WILKINSON, NIEMEYER, WILLIAMS, TRAXLER, KING, SHEDD, and DUNCAN joined and in which Judge WIDENER joined as to all except Part VII.C.
Judge WILKINSON wrote a concurring opinion.
Judge SHEDD wrote a concurring opinion.
Judge WIDENER wrote a concurring and dissenting opinion.
Judge MOTZ wrote a dissenting opinion, in which Judges MICHAEL and GREGORY joined.
Judge GREGORY wrote a dissenting opinion.
WILLIAM W. WILKINS, Chief Judge.
Mohammed Hammoud appeals the sentence imposed following his convictions of numerous offenses, all of which are connected to his support of Hizballah, a designated foreign terrorist organization (FTO). Hammoud also challenges two of his 14 convictions. The appeal was argued before a three-judge panel, but prior to decision the court voted to hear the case en banc in order to consider the effect of Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), on the federal sentencing guidelines.
Following argument en banc, the court entered an order affirming Hammoud’s convictions and sentence. See United States v. Hammoud, 378 F.3d 426, 2004 WL 1730309 (4th Cir. August 2, 2004). We now set forth the reasoning for our judgment.
I. Facts
The facts underlying Hammoud’s convictions and sentence are largely undisputed. We therefore recount them briefly.
A. Hizballah
Hizballah is an organization founded by Lebanese Shi’a Muslims in response to the 1982 invasion of Lebanon by Israel. Hiz-ballah provides various forms of humanitarian aid to Shi’a Muslims in Lebanon. However, it is also a strong opponent of Western presence in the Middle East, and it advocates the use of terrorism in support of its agenda. Hizballah is particularly opposed to the existence of Israel and to the activities of the American government in the Middle East. Hizballah’s general secretary is Hassan Nasserallah, and its spiritual leader is Sheikh Fadlallah.
B. Hammoud
In 1992, Hammoud, a citizen of Lebanon, attempted to enter the United States on fraudulent documents. After being detained by the INS, Hammoud sought asylum. While the asylum application was pending, Hammoud moved to Charlotte, North Carolina, where his brothers and cousins were living. Hammoud ultimately obtained permanent resident status by marrying a United States citizen.
At some point in the mid-1990s, Ham-moud, his wife, one of his brothers, and his cousins all became involved in a cigarette smuggling operation. The conspirators purchased large quantities of cigarettes in North Carolina, smuggled them to Michigan, and sold them without paying Michigan taxes. This scheme took advantage of the fact that Michigan imposes a tax of $7.50 per carton of cigarettes, while the North Carolina tax is only 50