Second Circuit orders tougher sentence for Islamic State supporter

(CN) — A federal appeals court vacated the sentence of an Islamic State supporter on Wednesday after federal prosecutors argued she got off too easy.

Sinmyah Amera Ceasar, a U.S. citizen also known by her online nom de guerre Umm Nutella – Arabic for mother of Nutella – was convicted in 2017 for conspiring to provide material support to a terrorist organization. At the time, federal prosecutors pushed for her to receive a prison sentence of up to 30 years, higher than what federal guidelines recommend.

U.S. District Judge Jack B. Weinstein dismissed that draconian suggestion in 2019, saying the then-24-year-old was "well on her way to rehabilitation." He instead sentenced her to two years in prison.

Two years later, a three-judge panel of the Second Circuit has vacated that sentence. In Wednesday's ruling, the Manhattan-based appeals court agreed with prosecutors that two years is too lenient a punishment for aiding an enemy of the United States.

"We conclude that Ceasar's far below-guidelines sentence was outside the bounds of what was reasonable in light of the facts and circumstances of this case," U.S. Circuit Judge Robert Sack, a Bill Clinton appointee, wrote for the unanimous panel.

Prior to her conviction in 2017, Ceasar spent several years putting domestic sympathizers of the Islamic State in contact with actual members of the organization overseas, with the understanding that at least some of these sympathizers would then emigrate to join the terrorist group's cause. She also shared pro-Islamic State propaganda on social media and encouraged lay sympathizers of the movement to join in a more active role.

She was arrested at New York's John F. Kennedy International Airport in 2016 while attempting to travel to Islamic State-controlled territory.

Her work, to the FBI's knowledge, never led to any actual terroristic violence in the U.S.

Ceasar's defense drew attention to that point in her 2019 sentencing hearing. The defendant herself also cited her mental health, the toxicity of online forums, her history of abuse by older men and the systemic oppression that Muslim individuals face in the U.S. as contributing factors to her actions.

“The online culture in this era is affecting a lot of adults’ and youths’ mental health,” Ceasar said in a prepared statement at the time, adding, “I was used by people who knew I was confused, vulnerable and depressed. I was so anxious to find a way out of my situation.”

But the Second Circuit didn't give as much weight to those factors as the lower court did two years ago. Sack said that while she was on presentence release in 2018, Ceasar once again communicated with Islamic State members and sympathizers, urging them to delete any incriminating communications or evidence they had.

"While on presentence release, Ceasar violated the conditions of her release by resuming contact with known supporters of ISIS and other extremist groups, attempting to conceal these communications from law enforcement authorities, and then lying to the FBI about her conduct," the judge wrote.

Sack also said that whatever sympathy the appeals court may have for her circumstances cannot obfuscate the gravity of conspiring with an enemy of the state.

"We are not without sympathy for Ceasar, but we are constrained to agree with the government. We conclude that the district court placed more emphasis on Ceasar's need for rehabilitation than that sentencing factor could bear, and failed adequately to weigh... among other things, the goals of protecting the public, deterring criminal behavior, and engendering respect
for the law," the ruling states.

Sack was joined on the panel by U.S. Circuit Judges Richard Sullivan and Steven Menashi, both appointed by Donald Trump.

The overturning of Ceasar's lenient sentence for cooperating with the Islamic State comes less than a week after another militant Islamist group, the Taliban, seized control of Afghanistan, dealing a demoralizing blow to the U.S. and its allies.

A new sentencing hearing for Ceasar has not yet been scheduled.

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