UNITED STATES of America, Plaintiff-Appellant,
v.
James William HILL, III, Defendant-Appellee.
Matthew Shepard Foundation; Freestate Justice, Inc.; Lambda Legal Defense and Education Fund, Incorporated; the Anti-Defamation League; Trevor Project; Public Justice Center; Japanese American Citizens League, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 20, 2019.
Decided: June 13, 2019.
Attorney(s) appearing for the Case
ARGUED: Vikram Swaruup , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Patrick L. Bryant , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellee. ON BRIEF: Eric S. Dreiband , Assistant Attorney General, Thomas E. Chandler , Tovah R. Calderon , Appellate Section, Civil Rights Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; G. Zachary Terwilliger , United States Attorney, Alexandria, Virginia, S. David Schiller , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellant. Geremy C. Kamens , Federal Public Defender, Alexandria, Virginia, Mary E. Maguire , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia; Elizabeth W. Hanes , CONSUMER LITIGATION ASSOCIATES, P.C., Richmond, Virginia, for Appellee. Jennifer L. Kent , FREESTATE JUSTICE, INC., Baltimore, Maryland; Joseph Dudek , GOHN HANKEY & BERLAGE LLP, Baltimore, Maryland; Omar Gonzalez-Pagan , Cathren Cohen , LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., New York, New York, for Amici Curiae.
Reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Motz joined. Judge Agee wrote a dissenting opinion.
WYNN, Circuit Judge:
In this appeal, we confront the issue of whether the federal Hate Crimes Prevention Act of 2009 ("Hate Crimes Act"), 18 U.S.C. § 249(a)(2), may be constitutionally applied to an unarmed assault of a victim engaged in commercial activity at his place of work. This appears to be an issue of first impression in this Circuit...
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