United States v. Charles Cannon

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 servitude. Defendants appealed, arguing that the Shepard-Byrd Act is unconstitutional. They also argue that the evidence presented at…