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USA v. Ullah - Terrorism Conviction Affirmed in Part, Reversed in Part

The Second Circuit affirmed most convictions for Kayed Ullah's December 11, 2017 Manhattan subway bomb attack, reversing only Count One (material support to foreign terrorist organization) because the evidence was insufficient to prove he provided or attempted to provide material support as required under 18 U.S.C. § 2339B. The court affirmed Count Five (terrorist attack on mass transportation under 18 U.S.C. § 1992(a)(2)) and Count Six (using a destructive device during a crime of violence under 18 U.S.C. § 924(c)), rejecting his challenges to the statutory interpretation and jury instructions. The court also held that the completed offense under 18 U.S.C. § 2332f(a)(1) constitutes a crime of violence, and affirmed his sentence of multiple life terms.