I. Introduction Terrorism in support of ideology is not unknown in American history. See, e.g., David S. Reynolds, John Brown, Abolitionist 11 (Alfred A. Knopf 2005) (“Whitman sought to provide America with healing and reconciliation through poetic language…Brown…resorted to terrorist tactics to disrupt the South’s peculiar institution.”). Nor is the history of export of American volunteer fighters to foreign wars unusual: we need only recall American individuals’ aid to civil wars in Greece, Israel, Italy, Spain, Sri Lanka, the Soviets, and Nazi Germany. The general cruelty of the Islamic State of Iraq and Syria (“ISIS”) is as particularly shocking and dangerous as any throughout history; it is denounced by humanity and anathema to the United States.The question before the court is how can the sentencing of an American citizen, who traveled to Syria to fight for ISIS, and then returned to the United States four months later, be sensitive to the unique nature of the defendant’s story, the need to protect the public from any further crimes of the defendant, and the required general deterrence of others who might help ISIS here or abroad.On June 12, 2014, John Doe (“Doe” or “defendant”), a 29-year-old naturalized American citizen — whose name is withheld so that he can assist American authorities while minimizing risks to self and family — boarded a flight from John F. Kennedy International Airport (“JFK”) to Turkey. Eventually he made his way into ISIS controlled territory in Syria. Between June and November 2014, he served ISIS in an administrative role. But, he was present in at least one battle, he received military training, he carried firearms, and he was introduced to explosive belts used to blow up civilians.Despite his expectations of an Islamic utopia, the reality that he encountered was not like what he envisaged. Doe was unprepared for the unrestrained brutality of ISIS. He felt betrayed by the group’s false representations of his Muslim faith. In October 2014, while in Syria, defendant sent an email message to the Federal Bureau of Investigation (“FBI”) identifying himself and offering assistance to the United States government. He sought FBI help in returning home to New York.Doe escaped from ISIS. He found his way to Turkey and into United States custody.Defendant then began four years of full cooperation with United States law enforcement. At a time when the inner workings of ISIS were not well understood in the United States, he provided valuable detailed information on ISIS’s activities. He also helped deter others from joining ISIS and similar terrorist groups.Doe was charged with providing material support to a foreign terrorist organization, 18 U.S.C. §2339B, and receiving military-type training from a foreign terrorist organization, 18 U.S.C. §2339D. He pled guilty on November 26, 2014. And he was sentenced on June 28, 2018.Defendant’s good personal history and the dangerous nature of his conduct present the court with a variety of sentencing issues: (1) the need to address the seriousness of his terrorism-related crimes, punishing and specifically deterring him, and generally deterring others; (2) the historical and contemporary context of citizens who travel abroad to aid foreign enemies of this and other countries; and (3) the legal requirements that a court evaluate defendant’s individual circumstances, risk of recidivism, potential for rehabilitation, and culpability when crafting a sentence.Above all, the court must consider how best to protect the public.It should avoid needlessly destroying a defendant, but do what it can to encourage him to live a life within the law. Cf. United States v. C.R., 792 F. Supp. 2d 343, 511 (E.D.N.Y. 2011), vacated and remanded sub nom. United States v. Reingold, 731 F.3d 204 (2d Cir. 2013) (“Excessive and unnecessary imposition of suffering and destruction of opportunity for a constructive life as a youngster constitutes cruel and unusual punishment.”) (citing David Gray, Punishment as Suffering, 63 Vand. L.Rev. 1619, 1692-93 (2010)).II. FactsA. Defendant’s Childhood and UpbringingDefendant was born in Bangladesh in 1989. Pre-Sentence Report (“PSR”)36. He and his parents legally immigrated to the United States when he was one year old. Id. at41. As naturalized American citizens, he and his family set their roots in Brooklyn, where he spent his childhood, adolescence, and early adulthood, as part of a middle-class family. Id. His father is a retired electrician; his mother remained inside the home. Id. at36.By all accounts, defendant had a normal childhood: he engaged in sports, attended public school, and practiced the Muslim faith of his parents, attending religious classes. Id. at4. In high school, and initially in college, he underperformed academically because of common teenage distractions: social pressures, family strife, and immaturity. Id. at
5, 50.He was particularly affected by the sudden illness of his sister, at the time seven months pregnant, culminating in the death of her and the unborn child. Id. at5. His deceased sister, a successful civil engineer, had been a devoted Muslim who wore a burqa. Hr’g Tr. 10:19-11:18, June 28, 2018.Defendant has three surviving siblings, two older and one younger. PSR at37. His older brother is married with children and works as a salesman. Id. His older sister works as an interior designer and his younger brother is a college student. Id. They all reside in New York City. Id.B. College Experience and Path towards ISISDoe’s response to his sister’s death altered the course of his life. He committed himself to academic success with the aim of becoming a good provider for his family; he also devoted himself to his religious faith, embracing a more disciplined social and religious life. Id. at6. He attended community college, earned the respect of his teachers for his academic ability and potential, and transferred to a four-year college. Id. at
