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U.S. v. WEEMS

Nos. 07-1496, 07-1531.

517 F.3d 1027 (2008)

UNITED STATES of America, Appellant, v. James Bradley WEEMS, Appellee. United States of America, Appellant, v. Christopher Mitchell, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2008.

Attorney(s) appearing for the Case

Tovah Calderon, argued, Jessica Dunsay Silver, on the brief, Dept. of Justice, Washington, DC, for Appellant.

John F. Stroud III, Texarkana, TX, argued, for Appellee Weems.

Thomas H. Johnson, Texarkana, TX, argued, for Appellee Mitchell.

Before WOLLMAN and SMITH, Circuit Judges, and GRITZNER, District Judge.

WOLLMAN, Circuit Judge.

James Weems and Christopher Mitchell were involved in a cross burning incident and were subsequently convicted by a jury of conspiring to threaten and intimidate an African-American man in the exercise of his housing rights because of his race, in violation of 18 U.S.C. § 241. The government appeals, contending that the district court erred in calculating the defendants' offense levels by not applying the three-level enhancement for hate...

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