Federal appeals panel upholds Muslim student’s conviction February 26, 2008
Posted by Scarecrow in 02/08/08 Houston Chronicle 24.trackback
Federal appeals panel upholds Muslim student’s conviction
2/8/2008
By CINDY GEORGE
Staff
A three-judge federal appeals panel this week upheld a Muslim student’s conviction last year on a weapons charge linked to a Houston-based plan to aid the Taliban.
Shiraz Syed Qazi, 27, was sentenced in May to 10 months in federal prison for unlawful possession of a firearm. He was released in September after receiving credit for time served pending trial.
Qazi was one of four Muslim students accused of training to join the terrorist group’s fight against U.S.-led forces overseas.
A July 2005 camping trip in Willis, north of Conroe, was part of a government sting to nab men who discussed fighting with the Taliban and engaged in military-style training. FBI agents used Qazi’s admission that “he overheard statements over that weekend” to connect him to the plot.
Qazi, a Pakistani, was photographed with a semi-automatic rifle.
At the time, he was attending Houston Community College on a student visa.
Prosecutors contend that Qazi was convicted because federal law prohibits someone who is not a U.S. citizen from possessing a firearm.
“The 5th Circuit followed well-established case law,” said Assistant U.S. Attorney Glenn Cook, who prosecuted. “Should it get to the Supreme Court, I expect they will do the same.”
On appeal, federal public defender Brent Newton argued that there wasn’t enough evidence to convict Qazi because the government did not prove that the foreign student knew his immigration status precluded him from having a gun – and because the offense would not be viewed as a criminal act by the average person.
Qazi was not charged with supporting the Taliban or any other terrorism charge, but he does face deportation.
http://www.chron.com/CDA/archives/archive.mpl?id=2008_4510503
