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U.S. v. SANDSTROM

Nos. 08-3161, 08-3164.

594 F.3d 634 (2010)

UNITED STATES of America, Appellee, v. Steven SANDSTROM, Appellant. United States of America, Appellee, v. Gary Eye, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2010.

Attorney(s) appearing for the Case

Cheryl A. Pilate, Morgan Pilate LLC, Olathe, KS, argued (Rebecca L. Kurz, on the brief), for appellant Steven Sandstrom.

John R. Osgood, Lee's Summit, MO, argued, for appellant Gary Eye.

Angela M. Miller, U.S. Dept. of Justice, Civil Rights Div., Appellate Section, Washington, DC, argued (Loretta King, Acting Asst. Atty. Gen., Jessica Dunsay Silver, Civil Rights Div., Appellate Section, on the brief), for appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

A jury found Steven Sandstrom and Gary Eye (collectively, "defendants") guilty for their roles in the shooting death of William McCay, an African-American male. Sandstrom and Eye targeted McCay because of his race while he walked on a public street. Defendants were charged with (1) interfering with federally-protected activities, in violation of 18 U.S.C. § 245(b)(2)(B) and 18 U.S.C. § 2 ("Count 1"); (2) using a firearm during and in...

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