In U.S. v. May, the Fourth Circuit in an opinion by Judge King joined by Judges Williams and Traxler reversed the downward departure from the guidelines in the sentencing of a North Carolina man accused of, among other things, burning a cross to make a black man married to a white woman want to leave the neighborhood. The trial court judge was Chief Judge Mullen from Charlotte.
UPDATE: The AP has this story on the case.
Isn't that what they are on Judge Charles Pickering about, advocating leniency in sentencing in a cross-burning case? One set of articles on this point is published here and here.
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