UNITED STATES v. PATTERSON

No. 22-50287.

119 F.4th 609 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick PATTERSON, aka 11 inches Hung, aka 11-inches, aka 11in, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2024.


Attorney(s) appearing for the Case

Bram M. Alden (argued), Assistant United States Attorney, Chief, Criminal Appeals Section; Jeremiah Levine and David R. Friedman, Assistant United States Attorneys; E. Martin Estrada, United States Attorney; United States Department of Justice, Office of the United States Attorney, Los Angeles, California; for Plaintiff-Appellee.

Laura Schaefer (argued) and Hunter Haney, Deputy Federal Public Defenders; Cuauhtemoc Ortega, Federal Public Defender; Federal Public Defender's Office, Los Angeles, California; for Defendant-Appellant.

Concurrence by Judge Christen


OPINION

The question we address is whether the sentencing enhancement for a hate crime motivation, found in U.S. Sentencing Guidelines Manual (USSG) § 3A1.1(a), requires a finding that the defendant was motivated by hate or animus. We conclude that such a finding is required. Because the district court imposed...

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