US v. Hasson: Hasson was charged with being an unlawful user of controlled substances in possession of a firearm (among other things) after arriving for work in possession of firearms, ammunition, and Tramadol. More Tramadol was found in his desk and a search of his home uncovered 15 firearms, ammunition, and two unregistered silencers (one of which was disassembled). The Government also uncovered considerable statements Hasson had made in a draft email and prior letter to the founder of a white supremacist organization suggesting he was planning some sort of violent act. He also “compiled the manifestos of mass murders and terrorist” and his “internet search history showed a similar preoccupation with violence, white nationalism, and anti-government views.” After unsuccessfully moving to dismiss the firearm charge, he pleaded guilty to all the charged offenses and was sentenced to 160 months in prison after a the application of a Guideline enhancement for committing an offense “intended to promote, a federal crime of terrorism.”
On appeal, the Fourth Circuit affirmed Hasson’s convictions and sentence. The court rejected Hasson’s argument that the drug user in possession of a firearm statute was “unconstitutionally vague on its face” by noting that he did “not dispute the district court’s holding that his conduct ‘falls squarely within the confines’” of the statute, an “abandonment” That “dooms Hasson’s vagueness challenge.” As to Hasson’s sentence, the court held that the Guideline enhancement for promoting a federal crime of terrorism did not require a conviction for such an offense, rejecting Hasson’s argument that a Congressional directive to the Sentencing Commission restricted the enhancement in such a manner. The court also concluded that the district court did not disregard without consideration Hasson’s expert’s testimony that he did not present a risk of violence.
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