United States of America, Plaintiff-Appellee-Cross-Appellant v. Gary A. Skillman, Defendant-Appellant-Cross-Appellee

Defendant-appellant Gary A. Skillman (“Skillman”) appeals his conviction for his role in burning a cross outside the Westminster, California home of the Heissers, a black family. Skillman was convicted on three counts: (1) conspiring to intimidate the Heissers on account of race in the free exercise and enjoyment of their right to hold and occupy a dwelling, 18 U.S.C. § 241 (1988); (2) intimidating the Heissers for the same purpose, 42 U.S.C. § 3631 (1982); and (3) using fire to commit a felony, 18 U.S.C. § 844 (h)(1) (1988). Skillman was sentenced to 37 months in prison. Skillman appeals, contesting the admissability of certain evidence, the sufficiency of the evidence for conviction, the adequacy of the conspiracy instructions, and the application of the increase in sentence under the Guidelines because the offense was against vulnerable victims. The Government cross-appeals, contending the district court erroneously gave credit under the Sentencing Guidelines for Skillman’s acceptance of responsibility. We affirm the conviction and remand on the Government’s cross-appeal.

I. FACTS

Viewed in the light most favorable to the Government, the evidence presented at trial showed the…