United States Seventh Circuit

Defendant's conviction for intimidation based on race, arising out of his burning of a cross in the victims' yard, is affirmed where: 1) the evidence that defendant acted with a racial motive was more than sufficient to support the jury's verdict; 2) burning a cross on the front yard of a biracial family was both threatening and an act of intimidation; and 3) the district court could not go below the mandated minimum sentence even if he were inclined to do so.

Appellate Information

• Argued 12/07/2009
• Decided 04/07/2010
• Published 04/07/2010

Judges

• EVANS, Circuit Judge., Before CUDAHY, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• April J. Anderson, Attorney (argued), Department of Justice, Washington, DC, for Plaintiff-Appellee., Matthew M. Robinson, Attorney (argued), Robinson & Brandt, Covington, KY, for Defendant-Appellant.