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Court rejects Nampa hate crime appeal

Court rejects Nampa hate crime appeal

Credit: KTVB

Court rejects Nampa hate crime appeal

by Rebecca Boone
Associated Press Writer

KTVB.COM

Posted on September 1, 2010 at 2:19 PM

Updated Thursday, Sep 2 at 8:41 AM

BOISE -- A federal court has rejected an appeal from an Idaho man who was convicted of a hate crime for beating a black man outside a Nampa Wal-Mart.

In his appeal, Richard C. Armstrong said his sentence was too harsh because he said he wasn't guilty of selecting a victim on the basis of race. Rather, Armstrong contended, his co-defendant is the person who actually selected their victim. But the 9th U.S. Circuit Court of Appeals panel agreed with a lower court judge who said Armstrong's argument was absurd.

Armstrong was sentenced last fall to 3 years and 10 months in prison for the 2008 attack, based on federal sentencing guidelines that allowed the judge to give additional time because he found Armstrong lied during the trial and the assault had a hate crime motivation.

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