2016.01.19 - Memorandum of Law - Yaghi

MEMORANDUM OF LAW IN SUPPPORT OF 28 U.S.C. §2255 HABEAS PETITON Ziyad Yaghi was arrested in July of 2009, and charged with two counts1 of violating 18 U.S.C. 2339(a), Conspiracy to Provide Material Support to Terrorism, and 18 U.S.C. 956(a), Conspiracy to Kill, Kidnap, Maim, or Injure Persons or Damage Property in a Foreign Country.2 Mr. Yaghi was found guilty on both counts by a jury trial on October 13, 2011.3 On January 13, 2012, Mr. Yaghi was sentenced to 31 years and 8 months in prison.4 The judgment was later affirmed on direct appeal. United States v. Hassan, 742 F.3d 104 (4th Cir. 2014). Following the Fourth Circuit denial, Mr. Yaghi filed a Writ of Certiorari to the U.S. Supreme Court (14-5063). On October 6, 2014, Cert. was denied. On October 2, 2015, Mr. Yaghi filed a timely petition for habeas relief pursuant to 28 U.S.C. §2255.5 In his habeas petition, Mr. Yaghi alleged four grounds for relief. Pursuant to this Court’s order, counsel submits this Memorandum of Law in support of ground one, that there was Ineffective Assistance of Counsel, and ground two, that the government failed to provide derogatory information concerning their expert, Evan Kohlmann, in violation of Gigglio v. United States, 405 U.S. 150 (1972)