United States Fourth Circuit

Remanded for resentencing. The alleged wrongful conduct on the part of the victim was insufficient provocation for burning a cross; since defendant's case is unexceptional, the downward departure for aberrant behavior was unwarranted as well; since he denied much of the offense conduct, shifted the blame to his victim, and sought to minimize his criminal activity, the sentence adjustment for acceptance of responsibility was clear error.

Appellate Information

• Decided 03/04/2004
• Published 03/04/2004

Judges

• Before WILLIAMS, TRAXLER, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:R. Alexander Acosta, Assistant Attorney General, United States Department of Justice, Washington, D.C.;  Robert James Conrad, Jr., United States Attorney, Charlotte, North Carolina, for Appellant.  Noell Peter Tin, Charlotte, North Carolina, for Appellee.   ON BRIEF:Dennis J. Dimsey, Angela M. Miller, Civil Rights Division, Appellate Section, United States Department of Justice, Washington, D.C.;  Jennifer Marie Hoefling, Assistant United States Attorney, Charlotte, North Carolina, for Appellant.