U.S. v. WHITNEY

No. 99-3285.

229 F.3d 1296 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. James WHITNEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 11, 2000.


Attorney(s) appearing for the Case

Jenine Jensen, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colorado, for Defendant-Appellant.

Lisa J. Stark, Department of Justice (Bill Lann Lee, Acting Assistant Attorney General, Jessica Dunsay Silver, with her on the brief), Washington, D.C., for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, HENRY, and MURPHY, Circuit Judges.


HENRY, Circuit Judge.

James Whitney was convicted of interfering with federal housing rights on the basis of race, in violation of 42 U.S.C. § 3631(a), and conspiracy to interfere with those federal rights, in violation of 18 U.S.C. § 241. On appeal, Mr. Whitney argues: (1) the evidence was insufficient to sustain both convictions; (2) the district court committed plain error by allowing the co-defendants and one co-defendant's wife to testify that the co...

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