United States v. Roger Worthy, United States of America v. Oscar Delane Simpkins

FAY, Circuit Judge:

This case presents the question of whether the defendants’ act of burning a cross in the yard of a black neighbor constitutes the use of fire in the commission of a federal felony, for purposes of application of the United States Sentencing Guidelines. We hold that it does.

Factual and Procedural History

Defendants Roger R. Worthy and Oscar D. Simpkins entered plea agreements whereby they pled guilty to identical one-count informations charging them with conspiracy to interfere with civil rights under 18 U.S.C. § 241. Both defendants were charged for their participation in a…