10/1/24: Case on Guidelines enhancement for hate crime motivation under U.S.S.G. § 3A1.1.

In United States v. Patterson, --- F.4th ---, No. 22-50287 (9th Cir. 2024), the district court imposed a sentencing enhancement under U.S.S.G. § 3A1.1 for a hate crime motivation.  On appeal, the Court vacated and remanded for resentencing.

The question we address is whether the sentencing enhancement for a hate crime motivation, found in U.S. Sentencing Guidelines Manual (USSG) § 3A1.1(a), requires a finding that the defendant was motivated by hate or animus. We conclude that such a finding is required. Because the district court imposed the enhancement without finding beyond a reasonable doubt that the defendant was motivated by hate or animus, we vacate the sentence and remand for resentencing.

The title, history, purpose, and ordinary understanding of the term “hate crime” all indicate that application of the enhancement requires the trier of fact to find beyond a reasonable doubt that the defendant acted with animus. We vacate the sentence and remand for resentencing.