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U.S. v. LONG

Nos. 89-3942, 89-4007.

935 F.2d 1207 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Jackie D. LONG, Robert F. Money, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Keith A. GRIFFIN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 17, 1991.

Attorney(s) appearing for the Case

James P. Turner, Acting Asst. Atty. Gen., Dennis J. Dimsey, Louise A. Lerner, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., for the U.S.

Joel C. Fanning, Pensacola, Fla., for Griffin.

Stephen E. Sutherland, Pensacola, Fla., for Long.

E. Brian Lang, Pensacola, Fla., for Money.

Before HATCHETT and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

EDMONDSON, Circuit Judge:

In this case we decide when and how the victim's race can be properly considered when applying the Sentencing Guidelines to persons convicted of interfering with the civil rights of others. We hold that the victim's race, in itself, cannot be used to increase automatically the level of punishment, but that the victim's race is a fact that can be considered together with the other specific circumstances to determine whether the victim was...

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