United States of America, Plaintiff-Appellee-Cross-Appellant v. Gary A. Skillman, Defendant-Appellant-Cross-Appellee

HUG, Circuit Judge:

Defendant-appellant Gary A. Skillman (“Skillman”) appeals his conviction for his role in burning a cross outside the Westminster, California home of the Heissers, a black family. Skillman was convicted on three counts: (1) conspiring to intimidate the Heissers on account of race in the free exercise and enjoyment of their right to hold and occupy a dwelling, 18 U.S.C. § 241 (1988); (2) intimidating the Heissers for the same purpose, 42 U.S.C. § 3631 (1982); and (3) using fire to commit a felony, 18 U.S.C. § 844(h)(1) (1988). Skillman was sentenced to 37 months in prison.…