Second Circuit: Terrorism Enhancement Misconstrued

Khalid Awan was convicted of three counts related to his funneling money from donors in the United States to a terrorist organization in India.  The organization, whose goal is to establish a Sikh state in India's Punjab region, has engaged in violent acts in India to further its objective, including bombings.  Although a forty-five year maximum sentence, applying terrorism enhancements to all three counts, had been recommended, the district court sentenced Awan to fourteen years instead, finding the enhancements inapplicable.  Earlier this week, the Second Circuit vacated and remanded that sentence in a unanimous decision.