RALEIGH (AP) — The first person convicted of a terrorism-related charge that's become a go-to tactic for prosecutors believes he should be released from prison after just a decade of his 155-year sentence because his original punishment was too harsh.
In 2002, Mohamad Hammoud was found guilty of raising money for the militant group Hezbollah under a law prohibiting aid to designated terrorist groups. But he has been awaiting a new judgment since the 2005 Supreme Court ruling that determined that federal sentencing guidelines are advisory, not mandatory.
A re-sentencing hearing is scheduled for Wednesday.
Attorneys for Hammoud have argued that he should have been sentenced to no more than about eight years, saying in court documents that "the overwhelming evidence here is that Mr. Hammoud's original sentence is a miscarriage of justice."
Hammoud and several others were charged with providing material support to a terrorist organization just months before the Sept. 11 terrorist attacks. Up to that point, no one had been convicted of the charge created by the 1996 law.
Their prosecution in 2002 helped usher in a new era of terror-related cases, said Robert Chesney, a professor at the University of Texas School of Law who tracks terrorism issues. The "material support" violation has become one of the most charged offenses in terrorism-related cases.
"The success they had in putting these guys away and shutting that fundraising cell down did serve as somewhat of a model," Chesney said.
Prosecutors contend Hammoud was indoctrinated with radical teachings as a youth, that he adheres to an anti-American philosophy, and that he wanted to kill a federal prosecutor and destroy the building that held evidence against him.
"As an enemy combatant successfully removed from the front lines, (Hammoud) has earned a sentence of life imprisonment," prosecutors have argued in court documents. "And, more importantly, the American people deserve to be free of fear of any retaliatory efforts by this fanatic."
Providing material support for terrorism carries a maximum penalty of 15 years. Along with that charge, Hammoud's sentence was compounded with convictions for a variety of other crimes including cigarette smuggling, credit card fraud, money laundering and racketeering. Prosecutors contend Hammoud was the leader of a Hezbollah cell who raised money by sending cheap North Carolina cigarettes to Michigan, where they were resold on the black market without including the state's higher taxes. The government says some of the profits were directed to Hezbollah.
The United States lists Hezbollah as a terrorist organization blamed for numerous attacks on Israel. This week, the group won a prominent role in the government of Lebanon.
Before his sentencing in 2003, Hammoud described himself as a lover of peace and freedom who had hoped to live in the United States.
"Perhaps I went in the wrong way to achieve my goal," he said. "I admitted that and I'm sorry for that."
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