*******MEDIA ADVISORY*******
ASSISTANT ATTORNEY GENERAL R. ALEXANDER ACOSTA
AND U.S. ATTORNEY FOR THE WESTERN DISTRICT OF NORTH CAROLINA ROBERT J. CONRAD, JR. TO MAKE ARGUMENTS IN CROSS-BURNING CASE

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 defendant’s 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 defendant’s 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.

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