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U.S. v. GRASSIE

No. 99-2281.

237 F.3d 1199 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Gene GRASSIE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 19, 2001.

Attorney(s) appearing for the Case

Jill M. Wichlens, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colorado, for appellant.

Linda F. Thome, Department of Justice, Washington, D.C. (Norman C. Bay, United States Attorney, Albuquerque, New Mexico; Robert R. Gorence, Assistant United States Attorney, Albuquerque, New Mexico; Bill Lann Lee, Assistant Attorney General, Washington, D.C.; and Jessica Dunsay Silver, Department of Justice, Washington, D.C., with her on the brief), for appellee.

Before BALDOCK, ANDERSON, and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Walter Gene Grassie appeals his conviction and sentence, following a jury trial, on charges of burning down a church and defacing and damaging four churches belonging to The Church of Jesus Christ of Latter-day Saints ("LDS" or "Mormon" herein); and the arson of a truck. The church arson was charged under three separate statutes: felony destruction of a church by fire, because of the religious character of the property, in violation...

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