MEDIA ADVISORY THURSDAY, JANUARY 22, 2004 WWW.USDOJ.GOV CRT (202) 514-2008 TDD (202) 514-1888 WASHINGTON, D.C.- Assistant Attorney General for the Civil Rights Division R. Alexander Acosta and U.S. Attorney for the Western District of North Carolina Robert J. Conrad, Jr. will make arguments on FRIDAY, JANUARY 23, 2004 at 8:30 a.m. EST regarding a sentencing appeal in the case of U.S. v. Robert Nelson May.
The government appeal challenges the downward departure from the sentencing guidelines in this cross-burning case due to victim provocation and defendants aberrant behavior. The case arose when Anthony Sanders (an African-American male) and Jacquelette Williams (a Caucasian female) moved into a neighborhood in Gastonia, North Carolina. Their neighbor Charles Carpenter and defendant Robert Nelson May responded by engaging in a pattern of racial intimidation, which culminated with May and Carpenter burning a cross in front of the victims home. The couple, intimidated by this act, moved away from the area.
At sentencing, the district court departed downwards on three bases, finding that (1) Anthony Sanders provoked the defendant, (2) the defendants conduct was aberrant, and (3) the defendant had accepted responsibility for his conduct. These bases combined to allow the Court to sentence the defendant to only one month in jail, which was covered by time served, as well as a period of house arrest and probation. On appeal, the United States contests all three bases for downward adjustment of the sentence.
EVENT: Arguments in the case of U.S. v. Robert Nelson May WHO:Assistant Attorney General for Civil Rights R. Alexander Acosta and U.S. Attorney for the Western District of North Carolina Robert J. Conrad, Jr.
WHEN:8:30 A.M. EST WHERE:United States Court of Appeals for the Fourth Circuit Lewis F. Powell, Jr., United States Courthouse 1000 East Main Street Richmond, Virginia 23219 CONTACT:Jorge Martinez, (202) 616-2777 NOTE: Press inquiries regarding this case should be directed to Jorge Martinez at (202) 616-2777. 04-042
Source: US Department of Justice
