US v. Kobito: After Kobito appeared at a North Carolina mosque to “ask about an inflammatory video of a Imam that was circulating on social media,” a confidential informant contacted him to ask whether he was planning any actions related to the mosque. They met in person, where Kobito explained part of the local federal building was “a front for the” NSA and that he needed to figure out “the exact floor” it was on to “dump shots into the building.” As part of his discussion, Kobito explained that he knew how to make a “poor man’s silencer” using an automotive air filter. After additional discussions with the informant about silencers and Kobito’s plans, investigators executed a search warrant at his home and recovered two of the silencers. After pleading guilty to possession of an unregistered silencer, Kobito’s offense level was enhanced under USSG 3A1.4 for a “felony that involved, or was intended to promote, a federal crime of terrorism,” which includes destroying or injuring any structure “within the special maritime and territorial jurisdiction of the United States.” The district court imposed the enhancement, resulting in a statutory maximum Guideline range of 120 months, but ultimately imposed a sentence of 60 months.
On appeal, the Fourth Circuit affirmed Kobito’s sentence. Rejecting (on plain error grounds) Kobito’s argument that the Government failed to prove that the federal building was within the proper jurisdiction, the court held that such proof was not required in the first instance. The enhancement applies when the offense was “‘intended to promote’ a federal crime of terrorism, even if it didn’t ‘involve’ such a crime.” There was no need to prove that Kobito had completed, attempted, or conspired to commit such a crime. All that matters is the defendant’s purpose “and if that purpose is to promote a terrorism crime, the enhancement is triggered.”
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