United States Tenth Circuit

Defendants' convictions and sentences for conspiracy to interfere with civil rights arising out of racially-motivated attacks are affirmed in part, where there was sufficient evidence that Defendants' conspiracy contemplated multiple assaults, but reversed in part, where there was insufficient evidence that one assault caused "serious bodily injury" under U.S.S.G. section 1B1.1.

Appellate Information

• Decided 04/14/2009
• Published 04/14/2009

Judges

• SEYMOUR, Circuit Judge., Before KELLY, SEYMOUR and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• G. Fred Metos of Salt Lake City, UT, for Defendant-Appellant Egbert., Ann Marie Taliaferro of Salt Lake City, UT, for Defendant-Appellant Walker., Deirdre A. Gorman of Ogden, UT, for Defendant-Appellant Massey., Jessie K. Liu, Attorney (Grace Chung Becker, Acting Assistant Attorney General, Civil Rights Division;  and Jessica Dunsay Silver and Marie K. McElderry, Attorneys, on the consolidated brief), United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.