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U.S. v. Kandic

Indictment's Conspiracy Count Not Impermissibly Duplicitous Under Rule 12(b)(3)(B)(i)

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MEMORANDUM & ORDER Defendant Mirsad Kandic is charged with conspiring to provide, providing, and attempting to provide material support and resources to the Islamic State of Iraq and al-Sham (“ISIS”) in violation of 18 U.S.C. §2339B(a)(1). Kandic now moves to dismiss Count One as impermissibly duplicitous under Federal Rule of Criminal Procedure 12(b)(3)(B)(i), or, in the alternative, to strike the “death results” element. (See Def.’s Mot. to Dismiss (Dkt. 272).) The government opposes this motion. (See Gov’t Opp’n (Dkt. 273).) For the reasons that follow, Kandic’s motion is DENIED. I. BACKGROUND The court assumes familiarity with the underlying facts and history of this case. (See also Mem. & Order (Dkt. 266)at 1-4.) As relevant here, on August 17, 2017, Kandic was charged with six counts of providing material support of terrorism in violation of 18 U.S.C. §2339B(a)(1). (See Indictment (Dkt. 4).) Two of those counts, One and Five, include a sentencing enhancement that increases the statutory maximum term of imprisonment from twenty years to life for an offense that results in the death of any person. (See id.

5-6, 13-14); 18 U.S.C. §2339B(a)(1) (“[I]f the death of any person results, [the defendant] shall be imprisoned for any term of years or for life”). Count One, the lone conspiracy count, charges that from approximately January 2013 to June 2017, Kandic, together with others, conspired to provide material support and resources, including property, services, and personnel (including himself, Jake Bilardi, and others) to ISIS, a foreign terrorist organization engaged in terrorist activity and terrorism, and the offense “resulted in the death of one or more persons, including Jake Bilardi.” (Indictment

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