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U.S. v. WORTHY

Nos. 89-9009, 89-9016.

915 F.2d 1514 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Roger WORTHY, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Oscar Delane SIMPKINS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 30, 1990.

Attorney(s) appearing for the Case

Jonathan J. Wroblewski, Louise A. Lerner, Crim. Section, Civ. Rights Div., U.S. Dept. of Justice, Washington, D.C., for the U.S.

G. Russell Wright, Cordele, Ga., for Roger Worthy.

G. Russell Wright, Cordele, Ga., for Oscar Delane Simpkins.

Before FAY and JOHNSON, Circuit Judge, and ALLGOOD, Senior District Judge.

FAY, Circuit Judge:

This case presents the question of whether the defendants' act of burning a cross in the yard of a black neighbor constitutes the use of fire in the commission of a federal felony, for purposes of application of the United States Sentencing Guidelines. We hold that it does.

Factual and Procedural History

Defendants Roger R. Worthy and Oscar D. Simpkins entered plea agreements whereby they pled guilty to identical one-count...

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