U.S. Court of Appeals for the Second Circuit
Extraterritorial Application of Criminal Statute — Nexus with United States
United States v. Yousef
Judges Sack, Lynch and Lohier
Background: The defendant appealed following his plea of guilty to one count of conspiring to provide material support to a designated foreign terrorist organization. The defendant argues that the indictment failed to adequately allege a nexus between his alleged conduct and the United States, as required by the Fifth Amendment before a criminal statute may apply extraterritorially.
Ruling: The Second Circuit affirmed. The court noted that at issue is whether the requirement that the indictment allege a nexus between the conduct and the United States implicates the subject-matter jurisdiction of the federal courts. The Second Circuit held that by pleading guilty, the defendant waived the claim he seeks to raise in his appeal.
Melinda Sarafa of Sarafa Law for the defendant-appellant; Jeffrey A. Brown, assistant United States attorney, for the appellee