Legal Opinion

United States v. Hatch

Court of Appeals for the Tenth Circuit

Decided July 3, 2013No. 12-2040PublishedCited by 17 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

Three New Mexico men kidnaped a disabled Navajo man and branded a swastika into his arm. The United States charged the assailants with committing a hate crime under the recently enacted Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, Pub.L. No. 111-84, Div. E, 123 Stat. 2835 (2009), codified in relevant part at 18 U.S.C. § 249. As relevant here, the Hate Crimes Act makes it a felony to physically attack a person because of that person’s race.

The three assailants contended in district court that the Hate Crimes Act is unconstitutional, claiming Congress…

2Cases cited23 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United States v. LopezSupreme Court of the United States · 1995
  3. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  4. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  5. City of Boerne v. FloresSupreme Court of the United States · 1997

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3Cited by17 opinions

  1. Stephen Thompson v. United States Bankruptcy Court for the Western District of OklahomaBankruptcy Appellate Panel of the Tenth Circuit · 2016
  2. United States v. Dylann RoofCourt of Appeals for the Fourth Circuit · 2021
  3. United States v. Charles CannonCourt of Appeals for the Fifth Circuit · 2014
  4. United States v. DigginsCourt of Appeals for the First Circuit · 2022
  5. United States v. Randy MetcalfCourt of Appeals for the Eighth Circuit · 2018

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