United States v. Al-Shouhati, 010311 FED6, 09-1332

Docket Nº:09-1332
Opinion Judge:KETHLEDGE, Circuit Judge.
Party Name:UNITED STATES, Plaintiff-Appellee, v. IMAD AL-SHOUHATI, Defendant-Appellant.
Judge Panel:Before: NORRIS, COLE, and KETHLEDGE, Circuit Judges.
Case Date:January 03, 2011
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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UNITED STATES, Plaintiff-Appellee,

v.

IMAD AL-SHOUHATI, Defendant-Appellant.

No. 09-1332

United States Court of Appeals, Sixth Circuit

January 3, 2011

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Before: NORRIS, COLE, and KETHLEDGE, Circuit Judges.

KETHLEDGE, Circuit Judge.

Imad Al-Shouhati pled guilty to one count of distributing over 100 grams of heroin in violation of 21 U.S.C. § 841(a)(1). His plea agreement provided that his relevant conduct for sentencing purposes would include 600 grams of heroin and at least 100 pounds of marijuana. The parties disputed in the district court whether the marijuana amount should be increased.

The district court held a two-day hearing on that issue. Al-Shouhati's cousin, Mussa Shohatee, testified that he supplied marijuana to Al-Shouhati over a "couple" of years. Although Shohatee had earlier told the FBI that he had delivered hundreds of pounds of marijuana to Al-Shouhati over the course of the conspiracy, Shohatee testified at the hearing that he had delivered only 100 pounds to his cousin.

FBI Special Agent Jeffrey Jacobs contradicted Shohatee on that point. Jacobs testified that he had interviewed Shohatee on several occasions prior to Al-Shouhati's arrest, and that Shohatee had said then that he sold "multiple hundred-pound quantities" of marijuana to Al-Shouhati. Jacobs (a certified public accountant) also analyzed Al-Shouhati's finances and testified that Al-Shouhati had possessed approximately $2.6 million dollars that could not be traced to any legitimate source.

After considering all the evidence, the district court found Jacobs' testimony to be "very credible" regarding the quantity of marijuana that Shohatee had delivered to Al-Shouhati. The court found Shohatee's testimony on this issue "not to be credible, " given his evasive demeanor and body language while testifying "in front of the family[.]" The district court therefore rejected Shohatee's claim that he had delivered only 100 pounds of marijuana to his cousin. To "err on the side of caution, " however, the district court found that "multiple-hundred pounds amounts means more than one and I'm not going to take it beyond two hundred-pound amounts with regard to Mr. Mussa Shohatee's testimony." The court also found that Al-Shouhati's $2.6 million of...

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