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Home Source documents Court filing — United States v. Farah (Dkt. 687, D. Minn.)

Court filing — United States v. Farah (Dkt. 687, D. Minn.)

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         CASE 0:22-cr-00124-NEB-DTS Doc. 687 Filed 10/14/24 Page 1 of 3




                        UNITED STATES DISTRICT COURT
                           DISTRICT OF MINNESOTA
                          Criminal No. CR 22-124(2) (NEB)


 UNITED STATES OF AMERICA,                 )
                                           )
                             Plaintiff,    )
 vs.                                       )      DEFENDANT’S RESPONSE TO THE
                                           )           GOVERNMENT’S POSITION
 Mohamed Jama Ismail,                      )           REGARDING SENTENCING
                                           )
                         Defendant.        )


        The Defendant, by and through his attorney, Patrick L. Cotter, and pursuant to,

respectfully submits the following response to the government’s position regarding

sentencing in this matter Doc. 686 and 674.

   I.      The Court May Find That His Conviction for Obtaining a Passport by False
           Statement Conviction is Relevant Conduct Without Making a Finding that
           An Obstruction of Justice Enhancement Applies.

        In response to the Government’s argument pg. 13 paragraph IV., Mr. Ismail moves

that the Court may find that his Obtaining a Passport by False Statement conviction is

relevant conduct, not counted for criminal history points while also not applying an

Obstruction of Justice enhancement. Conduct underlying a sentence imposed after a

defendant commenced the instant offense may be considered relevant conduct to the instant

offense if it otherwise qualifies under section §1B1.3(a)(2). USSG §4A1.2 comment (n. 1).

If the Court makes this finding the sentence for relevant conduct does not accrue criminal

history points. Id. If the conduct does not accrue criminal history points than the two-level

reduction as a zero-point offender still applies. There is no dispute that Mr. Ismail’s
          CASE 0:22-cr-00124-NEB-DTS Doc. 687 Filed 10/14/24 Page 2 of 3




passport was seized as part of the investigation into the offense conduct his is being

sentenced. There is no dispute the offense conduct happened after Ismail commenced the

conduct for which he is being sentenced. There is no dispute he pled guilty, accepted

responsibility for that conduct and served his sentence. The relevant conduct of lying to

get the passport that was seized as part of this investigation does not require a finding that

Ismail intended to flee potential prosecution for yet uncharged crimes at the time vs. his

intention to see his family. Simply put one finding of “relevant conduct” does not

absolutely require another finding of “obstruction of justice.”

         Certainly, it is not Ismail’s intention to increase his criminal history score nor lose

his zero-point offender status. Should the Court reject Mr. Ismail’s position than he would

not persist on the objection to the Obstruction of Justice Enhancement.

   II.      The Government Allegation that Mr. Ismail will Leave Prison a Rich Man
            is Fanciful.

         First, Mr. Ismail has disclosed any potential assets he has, and he did so long before

preparation for sentencing. Second, his bank and investment accounts have either been

seized by the Government or closed. Third, his family’s home is subject to a preliminary

forfeiture Order issued by this Court. Fourth, the Government knows that Mr. Ismail will

be required to cooperate with probation and the Government regarding collection of

restitution and forfeiture of assets as part of the Court’s sentence. The government’s

argument he will be a “rich man” is tailored to inflaming passion rather than addressing

any of the appropriate sentencing factors. Finally, the alleged 2 items of real estate assets

in Africa currently have no legal protections, as far as Mr. Ismail knows, and are subject to

                                                2
         CASE 0:22-cr-00124-NEB-DTS Doc. 687 Filed 10/14/24 Page 3 of 3




arbitrary and capricious confiscation or repurposing by others in Kenya. Mr. Ismail has

not legal ability to claim ownership and the likelihood he will regain ownership upon his

release from prison in the United States is fanciful. The governments line of argument in

this regard does not further any recognized sentencing objective.

                                             Respectfully submitted,



Dated:    October 14, 2024                   /s/ Patrick L. Cotter
                                             Patrick L. Cotter
                                             Attorney No. 0319120
                                             Attorney for Defendant
                                             105 Hardman Court, Suite 110
                                             South St. Paul, MN 55075
                                             Phone: 651-455-1555
                                             Fax: 651-455-9055
                                             patrick@siebencotterlaw.com




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