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UNITED STATES v. MAGLEBY

No. 03-4191.

420 F.3d 1136 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Brad MAGLEBY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 2005.

Attorney(s) appearing for the Case

Paul Victor Jorgensen, Middletown, MD, (Michael Wein, Greenbelt, MD, with him on the brief) for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before HENRY, HARTZ, and McCONNELL, Circuit Judges.

HARTZ, Circuit Judge.

On the evening of September 6, 1996, Michael Brad Magleby had five friends over to his house for a barbecue. United States v. Magleby, 241 F.3d 1306, 1308 (10th Cir.2001) (opinion on direct appeal). They talked about how they disliked people of other races and they listened to music and viewed web sites that expressed a similar view. Id. Eventually Mr. Magleby told his friends about a group from...

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