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U.S. v. MAY

No. 03-4589.

359 F.3d 683 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Nelson MAY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 4, 2004.

Attorney(s) appearing for the Case

ARGUED: R. Alexander Acosta, Assistant Attorney General, United States Department of Justice, Washington, D.C.; Robert James Conrad, Jr., United States Attorney, Charlotte, North Carolina, for Appellant. Noell Peter Tin, Charlotte, North Carolina, for Appellee. ON BRIEF: Dennis J. Dimsey, Angela M. Miller, Civil Rights Division, Appellate Section, United States Department of Justice, Washington, D.C.; Jennifer Marie Hoefling, Assistant United States Attorney, Charlotte, North Carolina, for Appellant.

Before WILLIAMS, TRAXLER, and KING, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

KING, Circuit Judge:

After being convicted of two offenses relating to his involvement in burning a cross for the purpose of racial intimidation, defendant Robert Nelson May was sentenced in the Western District of North Carolina to one month in prison, with credit for...

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