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U.S. v. HATCH

No. 12-2040.

722 F.3d 1193 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. William HATCH, Defendant-Appellant. Thirteenth Amendment Scholars, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 3, 2013.

Attorney(s) appearing for the Case

Richard A. Winterbottom , Assistant Federal Public Defender, Albuquerque, New Mexico, for Appellant.

Thomas E. Chandler , Attorney, Civil Rights Division ( Thomas E. Perez , Assistant Attorney General, and Jessica Dunsay Silver , Attorney, Civil Rights Division, with him on the brief) Department of Justice, Appellate Section, Washington, DC, for Appellee.

George Bach , Counsel of Record, and Dawinder S. Sidhu , University of New Mexico School of Law, William M. Carter, Jr. , Pittsburgh, PA, Alexander Tsesis , Chicago, IL, and Rebecca E. Zietlow , Toledo, OH on the brief for Amicus Curiae.

Before MURPHY, O'BRIEN, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Three New Mexico men kidnaped a disabled Navajo man and branded a swastika into his arm. The United States charged the assailants with committing a hate crime under the recently enacted Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, Pub.L. No. 111-84, Div. E, 123 Stat. 2835 (2009), codified in relevant part at 18 U.S.C. § 249. As relevant here, the Hate Crimes Act makes it a felony to physically attack a person...

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