United States v. Al-Moayad
United States Court of Appeals for the Second Circuit
545 F.3d 139 (2008)
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
Holding and Reasoning (Parker, J.)
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