United States v. Hasson

26 F.4th 610

UNITED STATES of America, Plaintiff - Appellee,

v.Christopher Paul HASSON, Defendant - Appellant.

No. 20-4126

United States Court of Appeals, Fourth Circuit.

Argued: March 12, 2021

Decided: February 22, 2022

ARGUED: Cullen Oakes Macbeth, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland, for Appellant. Thomas Patrick Windom, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Baltimore, Maryland, for Appellant. Robert K. Hur, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Before MOTZ, DIAZ, and RUSHING, Circuit Judges.

Affirmed by published opinion. Judge Rushing wrote the opinion, in which Judge Motz and Judge Diaz joined.

RUSHING, Circuit Judge:

After unsuccessfully challenging the statute as unconstitutionally vague, Christopher Hasson pleaded guilty to violating 18 U.S.C. § 922(g)(3) by possessing firearms as someone "who is an unlawful user of or addicted to any controlled substance," in addition to three related counts. At sentencing, the district court increased Hasson's Guidelines range pursuant to U.S.S.G. § 3A1.4 upon concluding that his offense was intended to promote a federal crime of terrorism, and the court sentenced him to 160 months' imprisonment. On appeal, Hasson contends that Section 922(g)(3) is facially vague. He also argues that Section 3A1.4 cannot apply because he was not convicted of a federal crime of terrorism and, in any event, the district court clearly erred in applying the provision. We affirm his conviction and sentence.¹

I.

A.

In February 2019, federal authorities arrested Hasson as he arrived for work at the United States Coast Guard Headquarters in Washington, D.C. At the time, Hasson was a lieutenant in the Coast Guard. The sworn criminal complaint charged Hasson with unlawfully possessing Tramadol, an opioid pain reliever and Schedule IV controlled substance, and possessing firearms and ammunition as an unlawful user or addict of a controlled substance. See 21 U.S.C. § 844(a) ; 18 U.S.C. § 922(g)(3). Arresting agents found 196 Tramadol pills in Hasson's backpack and another 106 in his work desk. A simultaneous search of Hasson's residence uncovered another 122 Tramadol pills; 15 firearms; an unregistered, assembled firearm silencer; an unregistered, disassembled firearm silencer; and hundreds of rounds of ammunition. A blood sample drawn from Hasson that day showed Tramadol in his bloodstream.

In a motion to detain Hasson pending trial, the Government claimed the charges were "the proverbial tip of the iceberg." J.A. 25. According to the Government, its investigation revealed that Hasson was "a domestic terrorist, bent on committing acts dangerous to human life." J.A. 25.

The Government claimed that a draft email dated June 2, 2017—which it calls a "manifesto"—provided insight into Hasson's worldview. In it, Hasson wrote that he was "dreaming of a way to kill almost every last person on the earth" and contemplated "biological attacks followed by attack on food supply" and "[i]nstitut[ing] a bombing/sniper campaign." J.A. 879. Hasson continued:

I don't think I can cause complete destruction on my own, However if I could enlist the unwitting help of another power/country would be best. Who and how to provoke???

....

Liberalist/globalist ideology is destroying traditional peoples esp white. No way to counteract without violence. It should push for more crack down bringing more people to our side. Much blood will have to be spilled to get whitey off the couch. For some no amount of blood will be enough. They will die as will the traitors who actively work toward our demise. Looking to Russia with hopeful eyes or any land that despises the west's liberalism....

Need to come off TDL, clear my head. Read and get education have to move to friendly area and start to organize. Get leadership within the community, sheriff, city manager, mayor, lawyer? Not sure but start now. Be ready.

Stockpile 5 locations. Pack, food, GN, supporos ao, clothing, gear. Comb/exp for defense. Extras mortar recoilless, learn basic chemistry, start small.

By land put 3 homes and multiple hides. Have way to get out and start hitting back. Use lines of drift.

Have to take serious look at appropriate individual targets, to bring greatest impact. Professors, DR's, Politian's, Judges, leftists in general.

Look up tactics used during Ukrainian civil war. During unrest target both sides to increase tension. In other words provoke gov/police to over react which should help to escalate violence. BLM protests or other left crap would be ideal to incite to violence.

Gun rights people will never rise, need religious to stand up. Please send me your violence that I may unleash it onto their heads. Guide my hate to make a lasting impression on this world. So be it. I don't know if there truly is a "conspiracy" of ((((People)))) out to destroy me and mine, but there is an attack none the less. For that reason I will strike, I can't just strike to wound I must find a way to deliver a blow that cannot be shaken off. Maybe many blows that will cause the needed turmoil.

....

J.A. 879.

Hasson penned similar sentiments in a September 2017 letter to Harold Covington, founder of a group advocating for a white ethnostate in the Pacific Northwest. Hasson identified himself as "a long time White Nationalist, having been a skinhead 30 plus years ago before my time in the military." J.A. 874. Hasson voiced dissatisfaction with "mass protest or wearing uniforms marching around provoking people with swastikas," stating instead, "I was and am a man of action you cannot change minds protesting like that. However you can make change with a little focused violence." J.A. 874. Hasson hoped to "open a dialogue" with Covington "to coordinate efforts" in establishing a white homeland. J.A. 874.

Hasson's own writings were not the only ones to raise flags. He compiled the manifestos of mass murderers and terrorists the likes of Ted Kaczynski, Eric Rudolph, and Anders Breivik. He sent himself a Home Workshop Explosives handbook, The Anarchist Cookbook, a guide on how to make the plastic explosive Semtex, the U.S. Army Improvised Munitions Handbook, and The Terrorist's Handbook, which discussed methods of buying, preparing, and detonating various explosive substances.

Hasson's internet search history showed a similar preoccupation with violence, white nationalism, and anti-government views. He routinely sought information about groups harboring white-supremacist, militant, and anti-government beliefs. He queried information about explosives, including homemade incendiaries, plastic explosives, ricin, homemade biological weapons, explosively formed penetrators, and shaped charges, including discussions about materials for making the latter two devices. He viewed hundreds of webpages related to firearms, ammunition, and firearms accessories.

Hasson also researched the movements and whereabouts of political figures. He searched for "where do senators live dc," "do senators have ss protection," "how often are senators in dc," "how do senators and congressman get around dc," "are supreme court justices protected," "where does justice kagan live," and "where does Sonia Sotomayor live." S.J.A. 454, 1048. After viewing a headline in which Joe Scarborough (television host and former U.S. Congressman) called former President Trump "the worst ever," Hasson spent several minutes reviewing Scarborough's Wikipedia page before searching "where is morning joe filmed." S.J.A. 1077–1078. His searching led him to the address for Scarborough's home, which Hasson then viewed in Google Maps.

In the Government's telling, Hasson's inquiries about specific individuals drew inspiration from Breivik's manifesto. On January 3, 2019, Hasson searched within the manifesto (saved on his Coast Guard computer) for "category A." Breivik classifies traitors as Category A, B, or C as a means of identifying priority targets. "Category A" includes influential and high-profile individuals, including political, media, cultural, and industry leaders. Two weeks later, Hasson spent three hours compiling a list of prominent politicians, activists, political organizations, and media personalities. The list contained 22 entries. That same day, Hasson searched the Internet for "best place in dc to see congress people" and "where in dc to [sic] congress live." S.J.A. 1089.

Hasson allegedly followed Breivik's manifesto in other ways too. He visited an internet forum on energetic materials and reviewed discussions on manufacturing explosives. He searched the manifesto for "steroids" and reviewed a section encouraging assailants to use them in preparation for attacks. In the same spreadsheet containing his list of individuals and organizations, Hasson devised a possible steroid cycle. Agents searching Hasson's home recovered over thirty bottles labeled as human growth hormone inside a locked container, five vials of testosterone, and mestanolone (an anabolic steroid) in both pill and powder form.

Hasson also amassed weapons and tactical gear. In addition to the 15 firearms authorities found at Hasson's home, in a three-year period Hasson spent roughly $12,000 on holsters, knives, ammunition magazines, ammunition, handguards, camping supplies, Meals-Ready-to-Eat, body armor plates, plates carriers, tactical vests and pouches, firearm repair kits, firearm components, and smoke grenades. Among those purchases were metal parts with pre-indexed holes ready to be drilled and assembled into unlawful silencers. Hasson purchased a drill press and fully assembled one of the silencers, which he test-fired at least once.

In December 2017, Hasson registered for an online sniper and sharpshooter forum, purchased scopes for precision long-range shooting, and bought a Bergara Hunting and Match Rifle, outfitting it with one of the scopes and a bipod. An FBI...