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Court Reverses Some Enhancement Imposed on Defendants Convicted of Civil Rights Offenses

By Shari Allison

United States v. Egbert, ___ F.3d ___, 2009 WL 983054 (10th Cir. 2009)Three white supremacists convicted of conspiracy to violate civil rights and, in the case of one of the three Ds, a substantive civil rights offense, launched unsuccessful and successful challenges to guideline calculations. 1. Because the overt acts of the conspiracy count included the single substantive assault offense that involved only one of the three Ds, that one assault was relevant conduct for the other two Ds?the assault was a reasonably foreseeable act of the conspiracy to beat up non-whites. The guidelines allow the overt acts, because they involve two different victims, to be grouped as if separate counts, even though they are part of a single conspiracy count...continue to full post

Full post as published by Tenth Circuit Blog on April 16, 2009 (boomark / email).