United States v. Bradley Smith

MEMORANDUM

Bradley Smith (“Smith”) appeals his criminal conviction and sentence on two charges: (1) interfering with housing rights in violation of 42 U.S.C. § 3631 (a) and (2) making a false statement in violation of 18 U.S.C. § 1001 (a)(2). We affirm.

Background

Smith, a 22-year-old white male, and Alfred Henderson (“Henderson”), a 52-year-old African American, were active participants in the citizens’ band (“CB”) radio community in Modesto, California. Interactions between Smith and Henderson became hostile as Smith began to use offensive language and racial slurs directed at Henderson. Smith also threatened to hang Henderson in a tree, throw a “Molotov cocktail” at his house and rape and assault Henderson’s wife. In the fall of 2005 Henderson and Smith arranged to meet in person at a gas station, where Henderson asked Smith to leave him alone and to stop making threats toward him. Smith agreed to stop and did so for about a week, but the threats and offensive language then began again.

On October 28, 2005 Smith and Henderson had an exchange over CB radio during which Smith told Henderson that he and his friends were going to come to Henderson’s house to burn a cross, hang…