NOT RECOMMENDED FOR PUBLICATION File Name: 21a0352n.06 No. 20-6194 FILED UNITED STATES COURT OF APPEALS Jul 20, 2021 FOR THE SIXTH CIRCUIT DEBORAH S. HUNT, Clerk UNITED STATES OF AMERICA, ) ) ON APPEAL FROM THE Plaintiff-Appellee, ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN v. ) DISTRICT OF KENTUCKY ) FNU JOHN SADIQULLAH, ) ) Defendant-Appellant. ) ) BEFORE: SUTTON, Chief Judge; COLE and READLER, Circuit Judges. CHAD A. READLER, Circuit Judge. Following a jury trial, Fnu “John” Sadiqullah was convicted of two conspiracy counts: conspiracy to commit murder for hire, in violation of 18 U.S.C. § 1958, and conspiracy to commit kidnapping, in violation of 18 U.S.C. § 1201(c). On appeal, Sadiqullah primarily argues that those convictions were not supported by sufficient evidence. He also alleges an instructional error and a sentencing disparity. As none of Sadiqullah’s challenges have merit, we affirm. BACKGROUND Sadiqullah immigrated to the United States from Afghanistan. Taking up residence in Lexington, Kentucky, Sadiqullah began driving a taxi for a company operated by Lahoucine Elkohli. Sadiqullah later recruited several other men, also natives of Afghanistan, to work as drivers for Elkohli. No. 20-6194, United States v. Sadiqullah Elkohli frequently borrowed money from his drivers, sometimes framing the loans as investment opportunities. And sometimes, Elkohli did not repay those loans. Having failed to secure full repayment from Elkohli on his own accord—as Elkohli recently relocated to Florida— Sadiqullah turned to Mahmoud Shalash, a local imam with a reputation for helping members of the Islamic community with their financial issues. Sadiqullah conveyed to Shalash that Elkohli owed him money and that he would “kill [Elkohli] if [he] [got] ahold of him.” As luck (in this case, bad luck) would have it, while Sadiqullah was in contact with Shalash, the FBI was investigating Shalash for money laundering. To further its investigation of Shalash, the FBI had elicited the participation of “Thomas Smith,” an undisclosed FBI informant who engaged in a number of recorded transactions and meetings with Shalash. Initially, the scope of Shalash and Smith’s relationship was limited to money laundering. Shalash, however, later inquired into Smith’s propensity to engage in other criminal matters. Shalash explained to Smith that he had previously loaned a friend money to open a restaurant but had not been repaid. Shalash asked whether Smith could help him collect on the loan, indicating that he did not care if the collection efforts resulted in his friend’s death. Smith expressed his willingness to help Shalash get repaid, even through means of violence, if necessary. From these discussions, Shalash believed that Smith could also help Sadiqullah collect what he was owed from Elkohli. On April 30, Shalash met Smith at a motel in Lexington. The meeting was recorded. Shalash told Smith about the money Elkohli owed the taxi drivers, and that “[i]f [the drivers] get ahold of [Elkohli],” who had relocated to Florida, “they’ll kill him.” Shalash then called Sadiqullah and asked him to come to the motel, relaying that he had a “brother …
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