DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071496P.pdf 02/28/2008 United States v. James Weems
U.S. Court of Appeals Case No: 07-1496
and No: 07-1531
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Wollman, Author, with Smith, Circuit Judge, and
Gritzner, District Judge]
Criminal case - Sentencing. In a prosecution for conspiracy to
intimidate a person in the exercise of his housing rights through a cross-
burning, the district court erred in calculating the correct guidelines range
because it failed to apply the three-level hate crime enhancement; the
court further erred in finding that defendants were minor participants in
the conspiracy as they failed to show they were less culpable than other
participants.