By Laura L. Myers
SEATTLE, Oct 24 (Reuters) - "Millennium bomber" Ahmed
Ressam, whose original 22-year prison term was deemed too
lenient by a U.S. appeals court, was re-sentenced to 37 years
behind bars on Wednesday for a foiled New Year's Eve 1999 plot
to set off explosives at Los Angeles International Airport.
Federal prosecutors who appealed the original punishment had
asked the Seattle-based U.S. district judge presiding over the
case to impose a new sentence that would require Ressam, an
Algerian national, to spend the rest of his life in prison.
They argued Ressam deserved a much harsher penalty because
he had reneged on an agreement to assist in the prosecution of
other suspected militants and later recanted all his testimony
and other statements to authorities.
By doing so Ressam, 45, demonstrated he would remain a
threat to society once released from prison, prosecutors said.
But U.S. District Judge John Coughenour ruled that while a
stiffer sentence was called for, a life term was not warranted
under the circumstances.
"This case provokes our greatest fears ... but fear is a
foul ingredient for sentencing calculations," the judge said
before adjusting Ressam's sentence to 37 years in prison plus
five years of supervised release.
Ressam, wearing a beige prison uniform, sat quietly in court
with his arms folded during most of the proceedings. As the
sentence was pronounced, he cupped his chin in his hand, his
forefinger extended across his lips. He did not address the
court, except to say, "Yes, your honor," when the judge asked if
he understood.
Ressam's lawyers had urged a sentence of 30 to 34 years,
arguing this was close to the 35-year term prosecutors
previously recommended and on par with the statutory maximum
penalty carried by the core offenses for which Ressam was
convicted - an act of terrorism through the use of explosives.
They further argued that Ressam should still get credit for
valuable information he did provide to authorities, including
testimony against a convicted co-conspirator.
Ressam also identified Zacarias Moussaoui, a convicted Sept.
11 conspirator, as an individual he met at a militant training
camp in Afghanistan, and gave information leading to the arrest
of al Qaeda operative Abu Zubaydah, according to the defense.
'JUDGE ME AS YOU WISH'
In a statement filed in court last week, Ressam repeated his
retraction of all previous statements, saying a deal to
cooperate was made under duress.
He also insisted he was "against killing innocent people of
any gender, color or religion," adding, "I apologize for my
action." He concluded by saying, "You can judge me as you wish,
I will not object to any of your sentences."
Defense lawyers have suggested that severe mental stress
Ressam suffered from seven-plus years in solitary confinement at
the "Supermax" federal prison in Florence, Colorado, may have
influenced his decision to recant.
Ressam was arrested in December 1999 as he attempted to
cross into the United States from British Columbia and aroused
the suspicion of a U.S. customs inspector at a ferry landing in
Port Angeles, Washington.
After he tried to run away, the trunk of his rental car was
found packed with explosives capable of producing a blast 40
times greater than that of a typical car bomb, authorities said.
A jury convicted him in April 2001 of nine felony counts for
his role in a plot to set off the explosives at Los Angeles
International Airport on Dec. 31, 1999.
He was originally sentenced in 2005, and again in 2008, to
22 years in prison plus five years of supervised release.
Prosecutors, angry that Ressam had by then ceased
cooperating, appealed the penalty as falling far short of the
prison term called for under U.S. sentencing guidelines.
A divided 11-judge panel of the 9th U.S. Circuit Court of
Appeals agreed in March, and by a 7-4 vote ordered the case sent
back to Coughenour for re-sentencing.
Ressam is likely to be about 63 years old by the time he is
released from federal prison under the new sentence, accounting
for time already served, defense lawyer Thomas Hillier said.
Defense lawyers said in their pre-sentencing memorandum that
Ressam faces deportation back to Algeria and likely further
imprisonment there once released from U.S. custody. They also
said he would most certainly be a marked man, viewed by groups
like al Qaeda as a traitor for his initial cooperation with U.S.
authorities.
U.S. Attorney Jenny Durkan told reporters after
re-sentencing that she would review the judge's opinion in full
before deciding whether to appeal the latest prison term.
But she called the additional time Ressam received "a
significant increase," and said, "Today is a victory for the
rule of law and our country's system of justice."
(Additional reporting by Steve Gorman)
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