United States v. Diggins, No. 20-2078 (1st Cir. 2022)
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The Court of Appeals of the First Circuit affirmed Defendant's conviction of two counts of committing a hate crime and one count of conspiring to commit a hate crime under the Matthew Shepard and James Byrd Jr, Hate Crimes Prevention Act, 18 U.S.C. 249(a)(1), 371, holding that there was no error or abuse of discretion.
Specifically, the First Circuit held (1) section 259(a)(1) does not implicate federalism concerns; (2) certifications made under 249(b) are exempt from judicial review, and therefore, Defendant's challenge to the certification of his prosecution failed; and (3) Defendant's remaining assignment of error was waived.
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