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By Matthew Russell Lee, Patreon Podcast
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SDNY COURTHOUSE, April 22 – Thursday was the sentencing of Akayed Ullah, for a pipe bomb partially detonated by Port Authority on Dec 11, 2017. Inner City Press live tweeted it:

The sentencing judge was Richard J. Sullivan. He's now on the Second Circuit Court of Appeals, but still handles cases he had when he was elevated to the appeals court from the U.S. District Court for the Southern District of New York. Inner City Press fast podcast of it here.

 Judge Sullivan asks the US Attorney's Office if there are any victim who wish to speak in today's proceeding.

Judge Sullivan: Mr Ullah, have you had a chance to review the Pre-Sentencing Report with your report?

 Ullah: Yes, Your Honor [in English]

 Judge Sullivan is explaining the sentencing guidelines, holding up the book: "there's a column here at the far left, the offense level... here's the criminal history. And where the judge's finger stops, that's the guideline. It feels like accounting..."

 Judge Sullivan: Here, there is a dispute about the applicable guideline. Federal Defenders opposes the terrorism enhancement, and wants a 2 level reduction for acceptance of responsibility, which Probation opposes. FD: Yes. AUSA: Level is 42, enhancement of 12.

 Judge Sullivan: I find the terrorism enhancement applies. Federal Defenders say it would be impermissible double counting. I don't accept that either.

 Judge Sullivan: I'm capped out at offense level 43. And it's criminal history level 6. It doesn't make much difference - offense level 43 carries a sentence of life regardless of criminal history. So the guidelines call for a life sentence. Not it's not mandatory.

 Judge Sullivan: Most judges would tell you that sentencing is the hardest thing they do. It's certainly the most important thing they do. Now I'll hear arguments. I may have questions. I have 2 statements from victims. I will hear from you, Mr. Ullah, if you wish

 Defense cites academic article on terrorism

 FD says the US does not want this defendant considered as an individual. The lawyer is Amy Gallicchio, formerly of Bronx Defenders, one of Federal Defenders' best.

Gallicchio: What causes a loving son and father to act this way?  She cites the suffering of the Rohingya in Myanmar [Burma]. "Mr Ullah tried to take his life." Judge Sullivan: Can your office make this diagnosis? FD: Yes, we have a clinical social worker.

 FD Gallicchio: 35 years is not easy. Life imprisonment is not necessary. Think about what 35 years is. It's longer than he has been alive.

 Now Assistant US Attorney: This closed the city's busiest subway station. You have statement from two victims. This was one of the few completed terrorism attacks in NYC since 9/11. This was pre-meditated.

AUSA: What the defendant did was a calculated choice after self-radicalizing for years. It requires a life sentence.

 Judge Sullivan: Mr Ullah?

Ullah: Your Honor, was I did, it was wrong. I can tell you from the bottom of my heart, I am deeply sorry for what I did

 Ullah: I am sorry to David Wall, to Ms. Chavez, to who ever else I have hurt. I do not condone violence, unlike those who terrorize people around the world. They are evil. I apologize to NYC, to law enforcement, and to this country.

 Ullah: What I was doing was wrong. Finally, I apologize to my family, whose lives have been ruined by my actions. I'm sorry. Thank you.

Judge Sullivan: Thank you, Mr. Ullah. I will tell you my sentence, and why. A defendant should not have to wonder.

Judge Sullivan: Mr Ullah, those who know you write movingly about you. Your mother writes about you as a son, after she lost her husband. You are a complicated person. They are suffering with you. You are a human being. You are worthy of respect. But... Inner City Press @innercitypress · 28m Judge Sullivan: ... you didn't expect that respect to others. You went to a subway stop to kill people to spread fear. I don't think you are an evil man. But this act was evil.

Judge Sullivan: The sentence I impose today will not prevent you from being a father to your son. You can write to them, talk on the phone.

Judge Sullivan: A just punishment is a life sentence. General deterrence is important. It is difficult to deter a suicide bomber. They go beyond any earthly court. By punishing those that fail, we delay their martyrdom. If it deters one person...

 Judge Sullivan: I am not imposing a fine. But a special assessment of $600. Restitution of $7,380.

 FD: We'd like a prison in the New York area.

Judge Sullivan: Mr Ullah, you can file a notice of appeal in two weeks. A couple more things. This is a tragic day. This is a harsh sentence. His family is suffering. This is no indictment on them. They are victims too

 Judge Sullivan: Immigrants bring so much to this country. His family must be bewildered. For appeal, Federal Defenders are among the best. I'm sure they are disappointed too. The government did a good job.

Judge Sullivan: Good luck Mr. Ullah. I want to thank the Marshals. We are adjourned. Now the lawyers are wiping down their microphones.

The case is US v. Ullah, 18-cr-16 (Sullivan)

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