Akram Musa Abdallah Background Document

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1 JOSEPH SHEMARIA (Cal. State Bar No. 47311)

LAW OFFICES OF JOSEPH SHEMARIA

2 1801 Century Park East, Suite 2400

Los Angeles, California 90067

3 Telephone (310) 278-2660

Facsimile (310) 388-0979

4 Email: [email protected] 5

Attorney for Defendant 6 AKRAM MOUSA ABDALLAH 7 8

UNITED STATES DISTRICT COURT

9

FOR THE DISTRICT OF ARIZONA

10 11 UNITED STATES OF AMERICA,

Case No. CR-08-00947-PHX-NVW

12

DEFENDANT’S POSITION RE: SENTENCING

13 14 15 16 17

) ) ) Plaintiff, ) ) v. ) ) AKRAM MUSA ABDALLAH, ) ) Defendant. ___________________________________ ) _

Date: November 23, 2009 Court: Hon. Neil V. Wake

18 TO THE HONORABLE NEIL V. WAKE, UNITED STATES DISTRICT JUDGE, DAVID A. PIMSNER, ASSISTANT UNITED STATES ATTORNEY, BARRY JONAS, 19 DEPARTMENT JUSTICE AND U.S. PROBATION: 20

Defendant AKRAM MOUSA ABDALLAH, through his attorney of record, Joseph

21 Shemaria, hereby submits Defendant’s Position with Respect to Sentencing. 22

Mr. Abdallah reserves the opportunity for his counsel to make additional comments

23 at the time of the sentencing hearing. 24 Date: November 11, 2009

Respectfully submitted:

25

LAW OFFICES OF JOSEPH SHEMARIA

26 27 28

By

/s/ Joseph Shemaria Attorney for Defendant AKRAM MOUSA ABDALLAH

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1

I.

2

INTRODUCTION

3

On November 6, 2009, Defendant Akram Mousa Abdallah filed his Objections to

4 the Presentence Investigation Report (hereinafter PSI). This sentencing memorandum 5 incorporates by reference all of Mr. Abdallah’s previously lodged objections to the PSI. 6 Specifically, however the defense reiterates its vigorous objection to Probation’s 7 recommendation of not accepting the Plea Agreement and, instead, impose an arbitrary 8 sentence of 46 months. As previously addressed in the defense Objections, with all due 9 respect, in preparing its report Probation failed two major areas: (1) Probation failed to take 10 into account the case assessments, judgments and evaluations made by both government 11 counsel and defense counsel culminating in a vigorously disputed compromise as set forth 12 in the Plea Agreement; and (2) Probation failed to take into account any of Mr. Abdallah’s 13 “history and personal characteristics” or, for that matter, any of the other sentencing factors 14 codified by Congress at 18 U.S.C. §3553(a)(2). Both defendant and his counsel strongly 15 believe that the totality of mitigating factors warrants a sentence of not more than 18 16 months which falls within the 18 to 24 month range stipulated to by the parties in the Plea 17 Agreement. 18

The purpose of this memorandum and its attached exhibits is to provide an in-depth

19 portrait of this defendant’s history and personal characteristics, in addition to addressing the 20 other relevant §3553(a) (2) sentencing factors in order that the Court can better understand 21 and appreciate, not only how all counsel arrived at the 18 to 24 month provision as 22 contained in the Plea Agreement, but, further, why it is a fair and just disposition of this 23 case. 24

II.

25

IN THE AFTERMATH OF BOOKER AND GALL, THE SENTENCING

26

GUIDELINES ARE ONLY ONE OF THE NUMEROUS FACTORS TO BE

27

CONSIDERED IN ARRIVING AT AN APPROPRIATE SENTENCE

28

2

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Before the United States Supreme Court’s decision in United States v. Booker, 543

1

2 U.S. 220 (2005), the Sentencing Guidelines were essentially mandatory. Sentencing courts 3 were required to first determine the applicable guideline range and then, in the majority of 4 cases, sentence defendants within that range. The Sentencing Guidelines did provide for 5 technical departures which were sparingly granted, except in cases where the defendant 6 provided substantial assistance to the Government pursuant to U.S.S.G. §5K1.1. Factors 7 such as age, education, mental and physical condition, employment record, and family ties 8 and responsibilities were discouraged as grounds for formal departure [see U.S.S.G. 9 §§5H1.1 through 5H1.6]. Lack of guidance as a youth [see §5H1.12] was specifically 10 prohibited as a ground for departure. In addition, “the history and characteristics of the 11 defendant [18 U.S.C. §3553(a)(1)]” were deemed largely irrelevant in the mandatory, 12 guideline era.

The Guidelines were implemented in 1987. Their avowed purpose was to promote

13

14 uniformity in sentencing in district courts across the country. Yet, too often, the actual 15 effect of the mandatory guidelines was to prevent district court judges from crafting 16 individualized justice based on the circumstances of the respective defendant. In essence, 17 the mandatory guidelines brought about a reliance on a rigid sentencing grid which largely 18 undermined the sentencing judge’s right to give reasonable consideration to the totality of 19 factors present under §3553(a)(1) including “the history and characteristics of the 20 defendant.” 21

Booker and more recently Gall v. United States, 128 S.Ct. 586, 169 L.Ed.2d 445

22 (2007), have dramatically revamped the sentencing process. 1 The guidelines are now 23 advisory rather than mandatory. In Gall, the Supreme Court has set forth a deferential 24 abuse of discretion standard which affords district courts significant latitude in determining 25 the appropriate sentence. The Supreme Court held: 26

1

See also Spears v. United States, 555 U.S. (2009), and Nelson v. United States, 555 U.S. 27 (2009), which powerfully reiterate that the guidelines are now truly advisory and that there is no presumption at the District Court level that a guideline sentence is inherently 28 reasonable. See also Rita v. United States, 551 U.S. 338 (2007), and United States v. Tomko, No. 05-4997 (3rd Cir. April 17, 2009). 3

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We reject, however, an appellate rule that requires

2

“extraordinary” circumstances to justify a sentence outside the

3

Guidelines range. We also reject the use of a rigid mathematical

4

formula that uses the percentage of a departure as the standard

5

for determining the strength of the justifications required for a

6

specific sentence.

7

Gall’s message is that the guidelines truly are just one of the §3553(a) factors to be

8 considered in arriving at an appropriate sentence. To deviate from the Guidelines, the 9 circumstances need not be ‘extraordinary;” rather, district court judges now have a mandate 10 to consider the full range of circumstances involved in a case, and to tailor their sentence 11 accordingly. The ironclad grid chart contained in the United States Sentencing Guidelines 12 has been replaced, to a large extent, with the reasoned, individualized judgment of the 13 sentencing judge. In arriving at an appropriate disposition in the matter at bar, the Court is 14 asked to give particular consideration to the history and characteristics of Mr. Abdallah and 15 the overall positive life he has led. 16

III.

17

DEFENDANT ABDALLAH’S HISTORY AND PERSONAL

18

CHARACTERISTICS SUPPORT THE REQUESTED 18 MONTH SENTENCE

19

The following social history information is presented in the spirit of 18 U.S.C.

20 §3661 which states: 21

No limitation shall be placed on the information concerning the

22

background, character, and conduct of a person convicted of an

23

offense which a court of the United States may receive and

24

consider for the purpose of imposing an appropriate sentence.

25 •

Childhood/School

26

Akram Abdallah, the fifth of eleven children of Mousa and Qatifa Abdallah, was

27 born on July 5, 1954 in Jericho, Jordan. His mother Qatifa died of complications from 28 abdominal surgery in 1974. Mousa then remarried Fahima Abdallah with whom he had six

4

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1 more children. Mousa was employed as a school principal and was later promoted to the 2 Jordanian Board of Education. 3

When Akram was an infant, the Abdallah family moved from Jericho to the capital

4 city of Amman for the sake of better educational opportunities for their children. Akram’s 5 family was close-knit and though it was sometimes a challenge to feed so many mouths, he 6 never lacked for support or proper care. 7

Akram attended Salah-al-deen School from kindergarten through the eighth grade.

8 The curriculum was reasonably advanced and Akram studied English literature and 9 political science as well as physics and electrical engineering. For recreation, he played 10 soccer, volleyball, and basketball with his brothers and other children in the neighborhood. 11 After graduating from grammar school in the 1960’s, Akram attended Hasan Albarqawi 12 High School. He then studied English literature for two years at a Lebanese university. 13 •

Move to United States

14

In 1976, Akram traveled to New York and stayed with his oldest sister Huda in

15 Manhattan. He enrolled in community college and worked in the Abdallah family furniture 16 business. He then settled in Yonkers and opened his own sportswear store in the Bronx in 17 1978. A few years later he formed a partnership with his brother Ashraf and opened a 18 second sportswear store, also in the Bronx. 19

When Akram was not working or spending time with his extended family, he

20 volunteered at local schools teaching Islamic education and counseling children and their 21 parents. Akram recalls that he grew to love the diversity of the United States and the 22 American openness to international cultures. 23

In 1982, Akram became a United States citizen.

24 •

Marriage and Family

25

During a visit to Jordan in 1986, Akram was introduce to Areej Qadi by one of his

26 sisters. Areej’s father worked as a botanist for the agricultural department in Kuwait. 27 Areej attended college in Amman and graduated from Jordan University with a bachelor’s 28 degree in religious studies around 1987. Akram and Areej were married the following year.

5

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Akram and Areej traveled to the United States in 1988 and moved into an apartment

2 in Yonkers. In order to ease her transition to life in America, Areej attended English 3 classes and took driver’s education classes. She recalls adjusting fairly quickly to her new 4 life. Her ready acceptance on the part of Akram’s large extended family helped dispel her 5 initial feelings of homesickness. 6

Areej gave birth to their first son Saiaf in May of 1988. Their daughter Aseel was

7 born three years later by way of a C-section. Prior to the births of her first two children, 8 Areej returned home temporarily to Amman to be close to her mother and sisters. 9 • 10

Move to Phoenix In 1992, Akram relocated to Phoenix, followed by Areej and the children a few

11 months later. At first Akram worked at a local swap meet selling picture frames, and Areej 12 stayed home to care for the children. 13

Areej enrolled at Paradise Valley Community College in 1994 and attained associate

14 degrees in science, business, and fine art. She supplemented her studies by taking 15 additional classes at Arizona State University. The couple’s youngest child Ahmad was 16 born in November of 1996, in Phoenix, Arizona. While Areej was attending school full17 time, Akram rolled up his sleeves and took care of their young children during the school 18 week while working at the swap meet on the weekends to make ends meet. Areej 19 transferred to Arizona State University and earned a Bachelor of Science degree in 20 Computer Information Systems (CIS) in 1998. After an extended job search, she secured a 21 position at Boeing as a level one software engineer. She was given security clearance and 22 worked on several classified projects. 23

Los Angeles area software engineer Samer Abdullah states in an appended letter to

24 the Court: 25

She [Areej] has worked on various computer systems that go

26

into AH-64 Apache helicopters. Her expertise has provided a

27

great service not only to her community which depends on

28

Boeing’s income but to the defense of this great country. She

6

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reminds me of the courageous women who built our country’s

2

tanks and planes during World War II. Her ability to finish her

3

computer science degree and work at Boeing was with the

4

support of her husband. In a concerted effort Akram stayed

5

home with their youngest son changing diapers, feeding, and

6

cleaning. His sacrifice to simultaneously run his business and

7

perform these duties for his family has allowed his wife Areej to

8

serve this country.

9

In addition to her regular duties at Boeing, Areej helped lead the company’s

10 diversity training at seminars where she discussed her religion and culture. These events 11 were well-received and employees expressed their appreciation for the manner in which 12 Areej described the many similarities between the Islam faith and the world’s other great 13 religions. Areej worked at Boeing for 8 years and was promoted to a level two software 14 engineer. She resigned her post in 2003 and was honored at a large going away party. 15

In 2000, Akram began working in the telephone sales calling card business. In 2004,

16 he started his own home-based calling card business, Fiber Optic Communications, which 17 did fairly well at first. As the pending accusations became public knowledge, however, his 18 customers began taking their business elsewhere and his company is now practically 19 defunct. 20

After leaving Boeing, Areej located a retail space in Mesa, Arizona and began to

21 renovate it into a café which she named the Double Tree Coffee Shop. An inventive home 22 cook and baker, she aspired to turn her culinary skills into a small business enterprise. The 23 café opened in October of 2005 but struggled to develop a sustainable customer base. This, 24 combined with the health problems Areej later developed, caused Double Tree to close its 25 doors. 26 •

Community Service

27

Akram and Areej have spent thousands of hours volunteering at their local Islamic

28 educational centers and mosques, including the Islamic Community Center of Phoenix

7

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1 (ICCP), the Islamic Community Center in Tempe (ICC), and the Islamic Community 2 Center Mosque (ICCM) of Phoenix. Areej tutored children in math and science and also 3 baked Middle Eastern pastries for community gatherings. Akram gave lectures to groups of 4 children and adults about religious tolerance and diversity and helped with a variety of 5 fundraising activities. He also coached soccer for children. 6

Family friend and colleague Nasir Attar reports in his letter to the Court:

7

He [Akram] helps at different organizations that are so diverse

8

and different from one another. I have seen him help people

9

from his own faith and race, and then others who had nothing in

10

common with him. Akram does not know how to not help

11

people out. It is his nature, and it’s what he loves to do.

12

As a counselor, Akram guided Islamic-American families who were struggling with

13 intergenerational conflicts, cultural identity issues, and integration into American society. 14 Many local organizations, including synagogues, Christian churches, community colleges 15 and the University of Arizona, have hosted events at which Akram has spoken about the 16 importance of religious tolerance and understanding and the need to bring diverse 17 communities together. 18

Laura Masri, a teacher in the Creighton School District, has known Akram for over

19 20 years. She writes: 20

Among the families of the community, Mr. Abdallah has served as a

21

mediator and counselor. He has created a praiseworthy record of

22

service of humanity. …he has volunteered for the Bosnian refugees

23

and the Somalian refugees by finding them employment, housing

24

and medical care; often times using his very own home as a

25

temporary solution for their many needs.

26 27 28

…In 2006, Mr. Abdallah participated in the “Interfaith Dialogue,” an event created with the sole purpose of establishing a respectful

8

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relationship among religions such as Christianity, Judaism, and

2

Islam. This remarkable event was noted in the Arizona Republic.

3

Children

4

All of the Abdallah children have been good students. They attended local public

5 schools and the Arizona Cultural Academy, an Islamic private school. Areej has served as 6 the volunteer principal of the Arizona Cultural Academy for several years. In addition to 7 her administrative duties, she helps teach language classes and prepares lunches. 8 9

Family friend Samir Arikat writes: Akram’s pride and joy of his life is his family. He is the proud

10

father of 3 children who are gifted with the intelligence that they

11

inherited from their father Akram and mother Areej. They are all

12

honor students and have the utmost respect of their colleagues,

13

teachers and friends. Akram is happily married to Areej, who is an

14

incredible woman in her own right. She too is highly

15

educated…They are a family we consider to be role models for our

16

Arab-American community.

17

The Abdallahs’ first-born son Saiaf aspires to be a writer. He is a high school

18 graduate and has completed two years of community college. At present, he is employed as 19 a sales associate at Fry’s Electronics, selling computers and computer parts in order to save 20 money to further his education. 21

The Abdallahs’ only daughter Aseel has long hoped to become a pediatrician. With

22 that goal in mind, she applied for and was awarded a scholarship to study pre-med at 23 Arizona State University. Sadly, her plans were derailed by a terrible car accident in which 24 her closest friend, Nora Risha, was killed while Aseel was driving. 25

Nora’s mother, Sarah Risha, describes the tragedy:

26

I can never forget the darkest day of our lives Wednesday

27

October 1st, 2008 at 9:20 pm, when we received a call from our

28

son and his friends informing us that the van our daughter Nora

9

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was riding in had been hit by a drunk driver. Hosam and I

2

rushed to the scene at 43rd Avenue and Cactus and found almost

3

every one of our extended family members of the community

4

including Mr. Abdallah and his wife and children all at the crash

5

scene crying like babies after they realized Nora was

6

pronounced dead at the scene. It is extremely hard for me your

7

honor to go through this extremely painful memory and type at

8

the same time, but I genuinely want to share with you how much

9

we needed the Abdallahs with us at that time and how much

10 11

their support and the support of everyone else meant to us. In the aftermath of the accident Aseel has suffered post-traumatic stress. Following

12 an academically solid first semester, she began to do poorly in her classes. She is now 13 seeing a psychiatrist and possible intervention with psychotropic medication is being 14 evaluated. Aseel volunteers every Monday for several hours at the Banner Day Hospital, 15 which she finds therapeutic. In order not to jeopardize her scholarship, she has cut back to 16 two classes this semester and is endeavoring to improve her grades. 17

The Abdallahs’ younger son Ahmad, age 13, plans to become a video game designer.

18 He has skipped two grades and is a largely self-taught HTML programmer. In addition to 19 being a straight “A” student, Ahmad enjoys playing soccer recreationally. He is attending 20 the Arizona Cultural Academy, where he often volunteers at extracurricular events. 21 •

Health Concerns

22

A week after the FBI executed the search of their home, Areej had a nervous

23 collapse. She developed severe tachycardia and hyptertension, which resulted in her being 24 rushed to the hospital. This collapse was later diagnosed as a stress-induced anxiety attack. 25 Areej has stated that she feels overwhelmed by the prospect of managing her home and 26 caring for her three children on her own. Subsequent to this first attack, Areej has 27 experienced two more anxiety attacks. Due to her state of nervous anxiety, she will 28 probably not be able to attend her husband’s sentencing hearing. She has also found herself

10

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1 overcome by emotions when attempting to write a letter on her husband’s behalf. 2 Physicians have advised Areej to minimize the stress in her life and to try and avoid 3 situations that might “trigger” further anxiety attacks. 4

IV.

5

SUPPORT FROM THE COMMUNITY

6

Akram Abdallah has received around 30 letters of support. These letters are

7 unanimous in attesting to his kindness, generosity, and commitment to helping people from 8 all backgrounds and religions. A few of the letters are excerpted, and all are attached. 9

Marwan Ahmad, the owner of a publishing and design business and a father of three,

10 relates: 11

He is a man who is always ready to give a helping hand to

12

people. He is an amazing man who balances between his family,

13

work, and helping others. Being both part of one Islamic center

14

we met through mutual friends and got to know this man at

15

close range… I saw him give lectures, Friday sermons, and

16

motivate youngsters. What I remember about him is he always

17

spoke and dressed humbly and met everyone with respect and

18

open arms. Whether an older man or woman or a child

19

approached him he was always attentive and gave all his

20

attention to them. The way he treated children and youth was

21

exceptional…

22 23

… As a business man who has been in this community for many

24

years and knows hundreds of business owners I have never

25

heard of a dispute between Akram and any of the business

26

owners. This told me a lot about his character. He always

27

prefers to be at the losing end when it comes to differences with

28

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others. He works with integrity and fairness with others which

2

has gained him a very respectful reputation in our community.

3

Mr. Abdallah’s nephew Tariq Abdallah writes:

4

If there is one person that I would consider my role model, after

5

my father, it is Uncle Akram. …He is the one that gently

6

reminds you what you did wrong and explains to you how to

7

make it right. He is the one that asks God for guidance but also

8

works hard to find the answers…

9 10

…Words cannot describe how many people he has positively

11

influenced in New York and in Arizona in the past few decades.

12

No amount of record-keeping can adequately keep track of how

13

many college students he took in free-of-charge when he himself

14

was a student at Manhattan College in the 70’s. No measuring

15

stick can quantify the infinite number of anonymous favors he

16

did, thankless errands he ran, and impossibly selfless

17

undertakings he took upon himself for so many people—

18

strangers and friends alike. I cannot even fathom the emptiness

19

he will leave behind.

20

Waleed Najdawi reports:

21

From the small things to the major ones, Akram has been there

22

for me. …Not only was he there for his Muslim brothers and

23

sisters, but he also provided his time and effort to help those

24

from other religions and cultures. He has assisted people

25

coming from other countries to find jobs and places to live…

26 27

I want to ask you Your Honor, to please give Akram the lowest

28

sentencing possible. He is a good man who respects people,

12

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society, and the government. I know him well and I have seen

2

what a hard working man he is. He works so much just to

3

provide for his family. They need him, and not just for financial

4

reasons. They love him, and they have good reason; his family

5

is his life. I hope he is not kept from them for a long period of

6

time.

7

Convenience store owner Mohamed Abunada states:

8

I have known Mr. Akram Abdallah since 1999; I purchase

9

phone cards from him. Through the years of doing business

10

with Mr. Abdallah I have gotten to know him as dependable,

11

punctual, honest and a man of integrity. I have known Mr.

12

Abdallah to be an active member of the community, he has been

13

involved in public appearances to promote interfaith and to

14

speak about social issues. The past few months have had a

15

serious and negative impact on Mr. Abdallah’s life and business

16

due to the ordeal he has been dealing with. Given the hard

17

economic times that we are in, Mr. Abdallah and his family will

18

suffer further hardship in the event that he might be taken away

19

from them.

20

Another convenience store owner, Sami Eyshou, avers:

21

I am a Christian man, and for me to be able to have a great

22

friend like Akram, who is Muslim, to go to, really says a lot

23

about his character. His faith provides him with great hope for

24

people and he shows them that by caring for them in numerous

25

ways. Akram is known for being such a fair person. Because

26

he works with so many people through business, it is important

27

for him to keep their trust, and he never lets anyone down. As

28

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for his personal life, Akram is a big family man. He loves his

2

family and makes that evident when he talks about them.

3

Emad Najdawi, the owner of an electric work shop, writes:

4

This man is willing to do anything to help others out, and there

5

isn’t an ounce of negativity or ruthlessness in him. I hope that

6

he is given the compassion in sentencing that he deserves;

7

because Akram himself, is a very compassionate person. Thank

8

you, and please strongly consider lessening his sentence for the

9

sake of his family, friends, and society.

10

Ismael Suwwan, restauranteur and handyman, comments:

11

He has helped me greatly in my time of need especially when he

12

kept referring customers to me… I’m a professional handyman

13

and I know more than anyone that word of mouth is the best

14

advertisement when it comes to fixing things around a person’s

15

home, and I have Mr. Abdallah to thank for that. He has helped

16

me get many jobs throughout the valley whether its tile,

17

carpeting, painting or construction.

18

Gas station owner Philip Marogi observes:

19

He goes out of his way to help the unfortunate with no returns

20

expected. I was present many times when he was trying to find

21

a job or shelter for someone or helping a family in need or even

22

a customer that needs a boost to his car battery or an old woman

23

unable to pump her gas.

24

Fares Alzubidi owns the Picture Perfect Gallery. He makes the following plea:

25

Mr. Abdallah is a motivated man of numerous talents and

26

considerable self discipline. He is fun-loving, likable,

27

enthusiastic, trusting and trustworthy. Simply, he is the most

28

wonderful human being I have met in my life. This is a fact.

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Our society needs more people like him. His wife, children, and

2

many people in our society will suffer from him being away. So

3

please…do not lengthen the term of his imprisonment... We

4

need him as well as others do. We would like him to be free as

5

soon as possible.

6

Attorney Steve Tidmore writes:

7

Akram is a deeply sensitive, caring, and loving man. He has

8

demonstrated immense compassion and empathy to the plight of

9

his daughter, her friends, the members of his community, and

10

even the individuals whose malfeasance and nonfeasance

11

contributed to and caused his daughter’s injuries and the death

12

of her friend.

13 14

I come from a Christian tradition… The principles that most

15

clearly resound in Christ’s teachings are redemption,

16

forgiveness, mercy, grace, reconciliation, and restitution. Christ

17

does not teach retribution and punishment.

18 19

Although Akram comes from an Islamic tradition, his conduct,

20

in my experience, has exemplified the “values” in Christ’s

21

teachings…

22

V.

23

THE §3553(A)(2) FACTORS SUPPORT THE

24

REQUESTED SENTENCE OF 18 MONTHS

25

18 U.S.C. §3553(a)(2) directs that in arriving at an appropriate sentence, the need for

26 just punishment, adequate deterrence and public safety all must be considered. Yet it 27 important to keep in mind that in a Federal criminal matter, punishment is hardly limited to 28 whatever term of incarceration may ultimately be imposed. Quite the contrary, the

15

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1 punishment, in a real sense, begins the day when a defendant is first informed that a 2 criminal investigation is underway and continues long after any eventual term of 3 imprisonment is completed. 4

In this instance, the collateral consequences of Mr. Abdallah’s arrest and conviction

5 have been profound. His name his been blackened in his community and his calling card 6 business has been decimated. This once proud and popular community leader is now seen 7 as “radioactive” -- persona non grata in the eyes of many. His wife, who has also been a 8 highly respected member of the community, is now a mere shadow of her former self. She 9 has experienced a series of nervous breakdowns accompanied by hypertensive reactions and 10 tachycardia. She is now reduced to a state of fragility that does not bode well for her ability 11 to care for her home and three children during the period of her husband’s absence. 12

Any Federal felony conviction results in the loss of innumerable civil rights

13 including the right to vote, the right to hold public office, the right to serve on a jury, the 14 right to possess a firearm, and the right to social security benefits. The “civil death” that 15 convicted felons experience long after they pay their debt to society can hardly be 16 exaggerated. Due to the nature of his particular offense, Akram Abdallah will not only 17 forfeit the above-listed rights; in addition, he will forever be linked, however peripherally, 18 in the minds of many as an individual who raised funds for the Holy Land Foundation and 19 thus played a part, albeit inadvertently, in activities thought to be counter to the security of 20 this nation. 21

This onus will be a millstone around his neck for years to come. He will not only

22 face myriad practical problems including real difficulty, based on his felony conviction, in 23 finding gainful employment but will also feel shamed and disgraced for the rest of his life. 24 This is a situation that, sadly, will not only affect him and his wife but will also reflect badly 25 on their three children. 26

The need for extensive punishment in the form of incarceration is vastly reduced

27 based on the real ongoing punishment, both practical and emotional, that this defendant and 28 his family have been and will continue to experience for the foreseeable future. For these

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1 reasons, a sentence of 18 months, at the low end of the parties’ agreed upon 18-24 month 2 sentencing range, would be more than adequate to fulfill the need for confinement as an 3 element of Mr. Abdallah’s overall punishment. 4

The requested 18 month sentence would also satisfy the need for the sentence to

5 afford ample general deterrence. A term of 18 months will adequately convey the message 6 that making false statements when questioned by government officials is not permissible. 7 With respect to individual deterrence and incapacitation, the reality is that Mr. Abdallah is 8 not a threat to society and thus a term of imprisonment is not required for purposes of the 9 community’s safety. The need for just punishment and adequate deterrence, both specific 10 and general, will be satisfactorily addressed by the requested 18 month sentence, to be 11 followed by a multi-year period of Supervised Release with all of the oversight and 12 restrictions inherent to that process. Combined with the manifold painful consequences 13 that Mr. Abdallah and his family have endured collateral to this investigation and 14 prosecution, it is submitted that a sentence of 18 months at the low end of the stipulated 15 range would be “sufficient but not greater than necessary” to comply with the sentencing 16 factors set forth in 18 U.S.C. §3553(a). 17

VI.

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CONCLUSION

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In arriving at a just and reasonable sanction for Akram Abdallah, his lifetime of

20 good deeds and care and concern for the community should be given appropriate weight. 21 The thirty character reference letters that have been received on his behalf offer a detailed 22 description of a man of real character with a profound commitment to religious tolerance 23 and the performance of tangible good works. 24

It is clear that Akram Abdallah is singularly devoted to his family and the

25 community he has always cared for. He is neither a bigot nor a zealot, and he has enriched 26 the lives of many hundreds if not thousands of individuals of every religious and ethnic 27 persuasion. It is hoped that like bread upon the waters, his many good deeds and acts of 28

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1 personal kindness will weigh in his favor, and that the Court may factor in the above 2 mitigating circumstances in determining the appropriate punishment. 3 Date: November 11, 2009

Respectfully submitted:

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LAW OFFICES OF JOSEPH SHEMARIA

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By

/s/ Joseph Shemaria Attorney for Defendant AKRAM MOUSA ABDALLAH

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