Judge Cuts Sentences In 'Virginia Jihad' Cases

A judge reduced the sentences of three U.S. Muslims convicted for their roles in a conspiracy that began with paintball games in the woods and evolved into a plan to join the Taliban and fight U.S. troops. Two of the three still will serve life sentences.

A federal appeals court ordered the new sentencing hearings for Masoud Khan, of Gaithersburg, Md.; Seifullah Chapman, of Alexandria; and Hammad Abdur-Raheem, of Falls Church; following a recent U.S. Supreme Court decision that reduced the role of federal sentencing guidelines from mandatory to advisory.

Khan had been sentenced last year to life plus 65 years in prison, while Chapman had been sentenced to 85 years.

U.S. District Judge Leonie Brinkema said at the time she imposed those sentences that they were "draconian" and "sticking in my craw" but that she had no choice because of congressionally mandated minimum sentences for certain firearms convictions.

At Friday's hearings, Brinkema repeated her assertion that the sentences were draconian, but said she had limited ability to alter them. That's because the Supreme Court ruling affects only the federal sentencing guidelines and not the mandatory minimums imposed by Congress that drove the lengthy terms imposed on Khan and Chapman.

As a result, Khan's sentence was reduced only to life plus 45 years. Chapman, 32, had his sentence reduced from 85 years to 65 years. There is no parole in the federal system, so both will have to serve the vast majority of their terms.

"I have a limited ability to impose what I consider to be an appropriate sentence," Brinkema said. "These statutes are really draconian. I've said it before and I'll say it again."

The sentence reductions could be useful to Khan and Chapman only if the firearms convictions are overturned on appeal. If that occurs, each would serve only a 10-year sentence, which Brinkema said she considered appropriate.

Even though it was Brinkema who convicted the two on the firearms charges during a bench trial, she acknowledged at Friday's hearings that both have a strong argument on appeal to have the firearms counts overturned.

Abdur-Raheem, who was not convicted of firearms violations, had his sentenced reduced from eight years and a month to four years and four months over the objections of prosecutors.

The three were part of what prosecutors called a "Virginia jihad network" that played paintball games in 2000 and 2001 in the woods near Fredericksburg as a means of training for holy war around the globe.

Some group members turned their attention against the United States after the Sept. 11, 2001, terrorist attacks. At a meeting on Sept. 16, 2001, the group's spiritual leader, a Fairfax Islamic scholar named Ali al-Timimi, warned that an apocalyptic battle between Muslims and nonbelievers was at hand and urged the group to engage in holy war. He specifically said fighting for the Taliban against U.S. troops was a legitimate jihad, according to some witnesses who struck plea bargains.

Khan, a U.S. citizen of Pakistani descent, was one of four people who traveled to Pakistan shortly after that meeting and trained with a militant group called Lashkar-e-Taiba. Several of those who made the trip said their goal was to receive training that would allow them to cross into Afghanistan and join the Taliban. None made it to Afghanistan.

Khan was convicted of the most serious charges, including conspiracy to levy war against the United States and conspiracy to contribute services to the Taliban.

Chapman had gone to the Lashkar camp before Sept. 11, and returned to the United States afterward.

Abdur-Raheem attended the Sept. 16 meeting but never went to Pakistan. Trial testimony indicated that the military veteran was a leader in the paintball training.