U.S. v. NELSON

Nos. 98-1231, 98-1437.

277 F.3d 164 (2002)

UNITED STATES of America, Appellee, v. Lemrick NELSON, Jr. and Charles Price, also known as Bald Black Man, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Supplemental Argument January 9, 2001.

Decided January 7, 2002.


Attorney(s) appearing for the Case

JAMES E. NEUMAN, New York, N.Y., for Defendant-Appellant Lemrick Nelson, Jr.

DARELL L. PASTER, New York, N.Y., for Defendant-Appellant Charles Price.

ALAN M. VINEGRAD, Assistant United States Attorney and VALERIE CAPRONI, Special Assistant United States Attorney, for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, and JESSICA DUNSAY SILVER and THOMAS E. CHANDLER, Civil Rights Division, United States Department of Justice, for Bill Lann Lee, Assistant Attorney General, Civil Rights Division, United States Department of Justice, Washington, D.C., for Appellee United States of America.

Walter E. Dellinger, Jeremy Maltby, and Erika R. Frick, O'Melveny & Myers, Washington, D.C., for Amici Curiae NAACP Legal Defense and Educational Fund, Inc. (Elaine R. Jones, Theodore M. Shaw, and Norman J. Chachkin, of counsel) and Lawyers' Committee for Civil Rights Under Law (Barbara R. Arnwine, Thomas J. Henderson, and Nancy J. Anderson, of counsel).

Norman Redlich and Maritza U.B. Okata, Wachtell, Lipton, Rosen & Katz, New York, N.Y., for Amici Curiae American Jewish Congress (Marc D. Stern, of counsel), American Jewish Committee (Jeffrey Sinesky and Kara Stein, of counsel), Anti-Defamation League (Elizabeth J. Coleman and Steven M. Freeman, of counsel), Jewish Community Relations Council of New York (Marcia R. Eisenberg, of counsel), Jewish Reconstructionist Federation, Union of American Hebrew Congregations (Mark J. Pelavin, of counsel), Union of Orthodox Jewish Congregations of America (Nathan Diament, of counsel), and United Synagogue of Conservative Judaism (Harold Kalb, of counsel).

Nathan Lewin, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for Amici Curiae National Jewish Commission on Law and Public Affairs ("COLPA") (Dennis Rapps, COLPA, and David Zwiebel, Agudath Israel of America, of counsel) and Family of Yankel Rosenbaum.

Before: CALABRESI, F.I. PARKER, and STRAUB, Circuit Judges.


CALABRESI, Circuit Judge.

Lemrick Nelson, Jr. ("Nelson") and Charles Price ("Price") appeal their convictions and sentences, under 18 U.S.C. § 245(b)(2)(B) for willfully injuring, intimidating, and interfering with Yankel Rosenbaum ("Rosenbaum"), by force and threat of force, because of Rosenbaum's Jewish religion and because Rosenbaum was enjoying use of a Brooklyn city street. Nelson's and Price's primary contentions...

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