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United States v. Al-Moayad

United States Court of Appeals for the Second Circuit
545 F.3d 139 (2008)

Written by Sean Carroll, JD

Facts

Mohammed Ali Al-Moayad (defendant) was charged with conspiracy to support a designated terrorist organization. Al-Moayad claimed that he was entrapped. The prosecution (plaintiff) built its case using Mohammed Al-Anssi, a confidential informant. At trial, Al-Moayad called Al-Anssi as a witness to further his claim that he was entrapped. Al-Anssi’s testimony left the impression that he did not have any documents to back up his testimony that Al-Moayad was predisposed to committing the crime. In response, the prosecution introduced, over Al-Moayad’s objection, Al-Anssi’s handwritten notes about his conversations with Al-Moayad as prior consistent statements. Al-Anssi wrote the notes only after he had agreed to provide information to the Federal Bureau of Investigation. Al-Moayad was convicted, and he appealed.

Rule of Law

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Issue

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Holding and Reasoning (Parker, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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