Date: 08-08-2015

Case Style: United States of America v. Irek Hamidullin

Case Number: 3:14-cr-00140-HEH

Judge: HEH

Court: United States District Court for the Eastern District of Virginia (Henrico County)

Plaintiff's Attorney: Michael R. Gill, James Philip Gillis and Jennifer E. Levy

Defendant's Attorney: Rob Wagner, Claire Grimmer Cardwll, and Paul Geoffrey Gill

Description: Richmond, VA - The United States of America charged Irek Hamidullin, age 55, who was captured on the battle field in Afghanistan was charged by the Government with:

Count: 1 Citation: 18:2339A.F Offense Level: 4
18:2339A: CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO TERRORISTS
Count: 10 Citation: 18:2332AA.F Offense Level: 4
18:2332a: CONSPIRACY TO USE A WEAPON OF MASS DESTRUCTION
Count: 11 Citation: 18:924C.F Offense Level: 4
18:924(c): POSSESSION OF A FIREARM IN CONNECTION WITH A CRIME OF VIOLENCE
Count: 12 Citation: 18:9240.F Offense Level: 4
18:924(o): CONSPIRACY TO POSSESS A FIREARM IN CONNECTION WITH A CRIME OF VIOLENCE
Count: 2 Citation: 18:2339A.F Offense Level: 4
18:2339A: PROVIDING MATERIAL SUPPORT TO TERRORISTS
Count: 3 Citation: 18:32A.F Offense Level: 4
18:32: CONSPIRACY TO DESTROY AN AIRCRAFT OF THE ARMED FORCES OF THE UNITED STATES
Count: 4 Citation: 18:32A.F Offense Level: 4
18:32: ATTEMPT TO DESTROY AN AIRCRAFT OF THE ARMED FORCES OF THE UNITED STATES
Count: 5 Citation: 18:1117.F Offense Level: 4
18:1117: CONSPIRACY TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE
Count: 6 Citation: 18:1114.F Offense Level: 4
18:1114: ATTEMPT TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE
Count: 7 Citation: 18:2332B.F Offense Level: 4
18:2332(b): CONSPIRACY TO MURDER A NATIONAL OF THE UNITED STATES
Count: 8 Citation: 18:2332B.F Offense Level: 4
18:2332(b): ATTEMPT TO MURDER A NATIONAL OF THE UNITED STATES
Count: 9 Citation: 18:2332.F Offense Level: 4
18:2332(c): ENGAGING IN PHYSICAL VIOLENCE WITH INTENT TO CAUSE SERIOUS BODILY INJURY TO A NATIONAL OF THE UNITED STATES
Count: 10s Citation: 18:2332B.F Offense Level: 4
18:2332(b): ATTEMPT TO MURDER A NATIONAL OF THE UNITED STATES
Count: 11s Citation: 18:2332.F Offense Level: 4
18:2332(c) & 18:2: ENGAGING IN PHYSICAL VIOLENCE WITH INTENT TO CAUSE SERIOUS BODILY INJURY TO A NATIONAL OF THE UNITED STATES; AIDING AND ABETTING
Count: 12s Citation: 18:2332.F Offense Level: 4
18:2332(c): ENGAGING IN PHYSICAL VIOLENCE WITH INTENT TO CAUSE SERIOUS BODILY INJURY TO A NATIONAL OF THE UNITED STATES
Count: 13s Citation: 18:2332AA.F Offense Level: 4
18:2332a: CONSPIRACY TO USE A WEAPON OF MASS DESTRUCTION
Count: 14s Citation: 18:924C.F Offense Level: 4
18:924(c)(1)(A) & (B)(ii): POSSESSION OF A FIREARM IN CONNECTION WITH A CRIME OF VIOLENCE
Count: 15s Citation: 18:9240.F Offense Level: 4
18:924(o): CONSPIRACY TO POSSESS A FIREARM IN CONNECTION WITH A CRIME OF VIOLENCE
Count: 1s Citation: 18:2339A.F Offense Level: 4
18:2339A: CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO TERRORISTS
Count: 2s Citation: 18:2339A.F Offense Level: 4
18:2339A & 18:2: PROVIDING MATERIAL SUPPORT TO TERRORISTS; AIDING AND ABETTING
Count: 3s Citation: 18:32A.F Offense Level: 4
18:32: CONSPIRACY TO DESTROY AN AIRCRAFT OF THE ARMED FORCES OF THE UNITED STATES
Count: 4s Citation: 18:32A.F Offense Level: 4
18:32 & 18:2: ATTEMPT TO DESTROY AN AIRCRAFT OF THE ARMED FORCES OF THE UNITED STATES; AIDING AND ABETTING
Count: 5s Citation: 18:1117.F Offense Level: 4
18:1117: CONSPIRACY TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE
Count: 6s Citation: 18:1114.F Offense Level: 4
18:1114 & 18:2: ATTEMPT TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE; AIDING AND ABETTING
Count: 7s Citation: 18:1114.F Offense Level: 4
18:1114: ATTEMPT TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE
Count: 8s Citation: 18:2332B.F Offense Level: 4
18:2332(b): CONSPIRACY TO MURDER A NATIONAL OF THE UNITED STATES
Count: 9s Citation: 18:2332B.F Offense Level: 4
18:2332(b) & 18:2: ATTEMPT TO MURDER A NATIONAL OF THE UNITED STATES; AIDING AND ABETTING
Count: 10ss Citation: 18:2332B.F Offense Level: 4
18:2332(b): ATTEMPT TO MURDER A NATIONAL OF THE UNITED STATES
Count: 11ss Citation: 18:2332B.F Offense Level: 4
18:2332(c) & 18:2: ENGAGING IN PHYSICAL VIOLENCE WITH INTENT TO CAUSE SERIOUS BODILY INJURY TO A NATIONAL OF THE UNITED STATES; AIDING AND ABETTING
Count: 12ss Citation: 18:2332B.F Offense Level: 4
18:2332(c): ENGAGING IN PHYSICAL VIOLENCE WITH INTENT TO CAUSE SERIOUS BODILY INJURY TO A NATIONAL OF THE UNITED STATES
Count: 13ss Citation: 18:2332B.F Offense Level: 4
18:2332a: CONSPIRACY TO USE A WEAPON OF MASS DESTRUCTION
Count: 14ss Citation: 18:924C.F Offense Level: 4
18:924(c)(1)(A) & (B)(ii): POSSESSION OF A FIREARM IN CONNECTION WITH A CRIME OF VIOLENCE
Count: 15ss Citation: 18:9240.F Offense Level: 4
18:924(o): CONSPIRACY TO POSSESS A FIREARM IN CONNECTION WITH A CRIME OF VIOLENCE
Count: 1ss Citation: 18:2339A.F Offense Level: 4
18:2339A: CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO TERRORISTS
Count: 2ss Citation: 18:2339A.F Offense Level: 4
18:2339A & 18:2: PROVIDING MATERIAL SUPPORT TO TERRORISTS; AIDING AND ABETTING
Count: 3ss Citation: 18:32A.F Offense Level: 4
18:32: CONSPIRACY TO DESTROY AN AIRCRAFT OF THE ARMED FORCES OF THE UNITED STATES
Count: 4ss Citation: 18:32A.F Offense Level: 4
18:32 & 18:2: ATTEMPT TO DESTROY AN AIRCRAFT OF THE ARMED FORCES OF THE UNITED STATES; AIDING AND ABETTING
Count: 5ss Citation: 18:1117.F Offense Level: 4
18:1117: CONSPIRACY TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE
Count: 6ss Citation: 18:1114.F Offense Level: 4
18:1114 & 18:2: ATTEMPT TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE; AIDING AND ABETTING
Count: 7ss Citation: 18:1114.F Offense Level: 4
18:1114: ATTEMPT TO KILL AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR A PERSON ASSISTING SUCH OFFICER OR EMPLOYEE
Count: 8ss Citation: 18:2332B.F Offense Level: 4
18:2332(b): ATTEMPT TO MURDER A NATIONAL OF THE UNITED STATES
Count: 9ss Citation: 18:2332B.F Offense Level: 4
18:2332(b) & 18:2: ATTEMPT TO MURDER A NATIONAL OF THE UNITED STATES; AIDING AND ABETTING
Defendant Custody Status: Custody This Court

Defendant challenged the constitutionality of statutes charging foreign nationals with criminal charges for acts involving wars in foreign countries.

Outcome: Defendant was found guilty.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: This case may ultimately be decided by the United States Supreme Court.