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Sentencing Law and Policy
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Third time around, “Millenium Bomber” gets (reasonable?) longer term of 37 years in prison

By Douglas Berman

As reported in this AP piece, the so-called “Millenium Bomber” was sentenced for a third time today after his first two sentences had been reversed by the Ninth Circuit as unreasonable.  Here is what happened:

Algerian terrorist Ahmed Ressam was sentenced Wednesday to 37 years in prison for plotting to bomb Los Angeles International Airport around the turn of the new millennium. Ressam was arrested in December 1999 as he drove off a ferry from Canada into Washington state with a trunk full of explosives. U.S. District Judge John C. Coughenour had twice ordered him to serve 22-year terms, but both times the sentences were reversed on appeal.

Ressam’s attorneys had conceded that he should face at least three decades to satisfy the appeals courts, but no more than 34 years. The Justice Department had sought life in prison because of the mass murder he intended to inflict, and because he recanted his cooperation with federal investigators….

Ressam’s case has been vexing because he started cooperating after he was convicted and was interviewed more than 70 times by terror investigators from the U.S., Canada, Great Britain, Spain, Italy, Germany and France.  Information he provided helped convict several terror suspects; prompt the famous August 2001 FBI memo titled “Bin Laden determined to strike in U.S.;” and contribute to the arrest of suspected Osama bin Laden lieutenant Abu Zubaydah, who remains in custody without charges at Guantanamo Bay, Cuba.

However, Ressam subsequently recanted all of his cooperation when it became clear that the prosecutors weren’t going to recommend that he serve less than 27 years in prison. The recanting forced the Department of Justice to drop charges against two suspected co-conspirators, Samir Ait Mohamed and Abu Doha.

In previously sentencing Ressam, Coughenour noted that before he went to trial, the government offered him a 25-year sentence if he would plead guilty — no cooperation necessary. Ressam refused, but Coughenour said that any discount for Ressam’s cooperation, while it lasted, should start from that 25-year offer.  The appeals court rejected that rationale.

I suspect that federal prosecutors will be disinclined to appeal yet again, even though based on time already served and time off for good behavior Ressam could possibly be free again not long after 2030. At this stage, I suspect prosecutors recognize it might be very hard to convince the Ninth Circuit that a sentence now 15 years longer is still unreasonable.

A few prior posts on the Ressam sentencings: