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U.S. v. CANNON

No. 12-20514.

750 F.3d 492 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Charles CANNON; Brian Kerstetter; Michael McLaughlin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 24, 2014.

Attorney(s) appearing for the Case

Thomas Evans Chandler , Trial Attorney, Jessica Dunsay Silver , U.S. Department of Justice, Civil Rights Div-Appellate Section, Washington, DC, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, Washington, DC, for Plaintiff-Appellee.

Thomas S. Berg, Esq. , Houston, TX, for Defendants-Appellants.

Mervyn M. Mosbacker, Jr. , Houston, TX, Defendant-Appellant, Brian Kerstetter.

Richard B. Kuniansky , Kuniansky & Associates, Houston, TX, Defendant-Appellant, Michael McLaughlin.

Alison Elisabeth Schmauch , U.S. Commission on Civil Rights, Arlington, VA, Gail Louise Heriot , San Diego, CA, for Amicus Curiae, Todd Gaziano, Gail Heriot, Peter Kirsanow.

Before REAVLEY, ELROD, and GRAVES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

A jury convicted Defendants Charles Cannon, Brian Kerstetter, and Michael McLaughlin (collectively "Defendants") of committing a hate crime under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 ("Shepard-Byrd Act"), 18 U.S.C. § 249(a)(1), for attacking Yondel Johnson. Congress passed the Shepard-Byrd Act pursuant to its powers under the Thirteenth Amendment, which abolished slavery and involuntary...

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