Sentencing Modification – Enhancement

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7^th Circuit Court of Appeals

Case Name: United States of America v. Joshua Van Haften

Case No.: 17-1508

Officials: WOOD, Chief Judge, and EASTERBROOK and SYKES, Circuit Judges.

Focus: Sentencing Modification – Enhancement

Joshua Van Haften is a Wisconsin native who was caught travelling to Turkey in an attempt to join ISIS, a designated terrorist organization. In some ways, Van Haften fits the typical profile of a terrorist: he believes that ISIS is fighting a holy war against America—a war that will culminate in the establishment of a global caliphate. But this view is just one strand in a web of bizarre, mystical beliefs Van Haften holds. He also believes, for example, that Britain’s Prince William is the Antichrist, that people can use numerology to predict the future, and that most Western political leaders are closet Satanists. And Van Haften has a personal vendetta against the United States government that has nothing to do with religion: when he was 18 years old, Van Haften was convicted of statutory rape for having sex with his 15- year-old high school classmate. Van Haften’s status as a sex offender made it difficult for him to live a normal life in America, and he greatly resents the “godless laws” that, in his view, destroyed his life.

The sole issue in this appeal is whether the district court clearly erred in applying the enhancement. We conclude that it did not. Because Van Haften’s own statements demonstrate that he sought to join ISIS to take up arms against America and Americans, we AFFIRM the decision of the district court to apply the terrorism enhancement to his sentence.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.