Case 1 16-cr-00042-LMB Document 64 Filed 09 22 16 Page 1 of 4 PageID# 500 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA v ARDIT FERIZI Defendant __________________________________________ Case No 1 16CR42 Hon Leonie M Brinkema DEFENDANT'S REPLY TO GOVERNMENT'S POSITION ON SENTENCING FACTORS AND RESPONSE TO DEFENDANT'S EXHIBIT 1 Ardit Ferizi by and through counsel respectfully files the following response to two arguments presented in the government's Position of the United States on Sentencing Factors and Government's Response to Exhibit 1 of the Defendant's Position With Regard to Sentencing Factors First the government contends that Mr Ferizi's conduct is like that of Adam Chesser who was sentenced to 300 months in this district Unlike Adam Chesser however Mr Ferizi did not intend to fight or commit any act of violence on behalf of a terrorist organization Indeed defendant Chesser was apprehended attempting to board a plane for Somalia with his infant son with the intention of fighting for a terrorist group Chesser also repeatedly solicited and invited others to commit specific acts of violence Indeed Chesser posted the following information on his extremist webpage E the addresses of Comedy Central in New York a production company associated with South Park in Los Angeles California and a link to a 2009 Huffington Post article that gave details of a residence shared by victims TP and MS in Colorado and F CHESSER's statement that his readers should 'pay them a visit ' US v Chesser Case No 1 10-cr-395 Doc No 32 Statement of Case 1 16-cr-00042-LMB Document 64 Filed 09 22 16 Page 2 of 4 PageID# 501 Facts 23 He also posted information pertaining to the manufacture and use of explosives and weapons of mass destruction and the TSA manual setting forth procedures used to prevent the smuggling of explosives and weapons onto commercial planes Doc 46 Government's Sentencing Memo p 7 In contrast Mr Ferizi admits that he sent ISIL information obtained from a database - names email addresses passwords some phone numbers and some general locations While the information was used for propaganda this information was neither directed at one individual or group of individuals nor specific enough to reveal the address workplace or location of any of the individuals whose names were revealed Indeed an old-fashioned phone book with addresses contains more specific information The information is also now undoubtedly stale given the likelihood that the individuals at issue have been made aware of the need to change their passwords Furthermore Mr Ferizi--unlike Adam Chesser--had no intention of fighting for ISIL or committing a violent attack on behalf of ISIL As such his conduct does not warrant the maximum sentence permitted by law Second the government urges the Court to accord little weight to report of Defendant's Exhibit 1 a forensic report by Dr Aaron filed under seal Case 1 16-cr-00042-LMB Document 64 Filed 09 22 16 Page 3 of 4 PageID# 502 and conclusions Mr Ferizi respectfully submits that the report provides the Court with important background information about Mr Ferizi that is relevant to the Court's application of the 18 U S C 3553 a factors For these reasons and the reasons set forth in the Defendant's Position on Sentencing Factors Mr Ferizi respectfully submits that a sentence of 72 months will achieve the goals of sentencing Respectfully submitted ARDIT FERIZI By Counsel Geremy Kamens Federal Public Defender s ___________________ Geremy C Kamens Virginia Bar No 41596 Elizabeth A Mullin Virginia Bar No 86668 Attorneys for Defendant Office of the Federal Public Defender 1650 King Street Suite 500 Alexandria VA 22314 703 600-0800 telephone 703 600-0880 facsimile elizabeth_mullin@fd org Case 1 16-cr-00042-LMB Document 64 Filed 09 22 16 Page 4 of 4 PageID# 503 CERTIFICATE OF SERVICE I hereby certify that on September 16 2016 I will electronically file the foregoing with the Clerk of court using the CM ECF system which will then send a notification of such filing NEF to the following Brandon Van Grack Esq United States Attorney's Office 2100 Jamieson Avenue Alexandria VA 22314 Pursuant to the Electronic Case Filing Policies and Procedures a courtesy copy of the forgoing pleading will be delivered to Chambers within one business day of the electronic filing ______ s ____________ Elizabeth A Mullin Attorney for Defendant Virginia Bar No 86668 Office of the Federal Public Defender 1650 King Street Suite 500 Alexandria VA 22314 703 600-0879 telephone 703 600-0880 facsimile elizabeth_mullin@fd org This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu