United States of America, Plaintiff-Appellee-Cross-Appellant v. Gary Dean McInnis Defendant-Appellant-Cross-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under Fed. R. Evid. 403, exhibits portraying swastikas and racial slurs were properly admitted to prove racial animus, an element of 42 U.S.C. § 3631(a), use of force to interfere with housing rights on account of race
• noting that even when an abuse of discretion is shown, admission of the evidence must also be shown to constitute more than harmless error
• affirming admission of Nazi swastikas because they were “clearly relevant to establishing [defendant’s] racial hatred”
• applying 2H1.3(a)(2),(3) where \under- lying offense\ was deemed an aggravated assault per 2A2.2(b)- (3)(B)
• stating that racial hatred was an element of 42 U.S.C. § 3631, which prohibits the use of force to interfere with housing rights “because of” the person’s “color, religion, sex, handicap . . . , familial status . . . , or national origin,” in violation of 42 U.S.C. § 3631
• evidence properly admitted of defendant's possession of items show- ing racial animus in § 3631 prosecution

Source: CourtListener parenthetical corpus (CC0).