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U.S. v. DUNNAWAY

Nos. 95-3813SI, 95-3814SI and 96-1060SI.

88 F.3d 617 (1996)

UNITED STATES of America, Appellee, v. James Austin DUNNAWAY, Appellant. UNITED STATES of America, Appellee, v. Jeffrey Colin VAN CLEAVE, Appellant. UNITED STATES of America, Appellee, v. Matthew David CANNON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1996.

Attorney(s) appearing for the Case

John D. Hudson, Des Moines, Iowa, argued for Jeffrey Van Cleave and John Keith Rigg, Des Moines, Iowa, argued for Matthew Cannon. James Whalen, Assistant Federal Public Defender, Des Moines, Iowa, on the brief for Dunnaway.

Gregory B. Friel, U.S. Dept. of Justice, Washington, DC, argued (Deval L. Patrick and Jessica Dunsay Silver, on the brief), for appellee.

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

FAGG, Circuit Judge.

James Austin Dunnaway, Jeffrey Colin Van Cleave, Matthew David Cannon, and two other white men left a party to assault any black man they could find. They found a black man in a public park talking with his wife, who is white. The white men attacked the black man, kicking him repeatedly in the head and body. During the attack, one of the assailants identified himself as a "skinhead" and used a racial slur. The victim suffered multiple injuries...

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