United States v. Weems
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WOLLMAN, Circuit Judge.
James Weems and Christopher Mitchell were involved in a cross burning incident and were subsequently convicted by a jury of conspiring to threaten and intimidate an African-American man in the exercise of his housing rights because of his race, in violation of 18 U.S.C. § 241. The government appeals, contending that the district court erred in calculating the defendants’ offense levels by not applying the three-level enhancement for hate • crime motivation and by granting a two-level reduction for the defendants’ roles in the offense. Because we conclude that the…
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