Court of Appeals Affirms Conviction and Sentence for Race-Based Threats Communicated on CB Radio

February 16, 2010 - FRESNO, CA.—United States Attorney Benjamin B. Wagner announced that the United States Court of Appeals for the Ninth Circuit today affirmed the conviction and sentence of BRADLEY J. SMITH, 27, of Modesto, for making racially based threats and providing false statements to an FBI agent. SMITH was convicted on May 19, 2008, following a trial in United States District Court in Fresno and was sentenced on August 22, 2008 to serve a prison term of 78 months followed by a supervised release term of 36 months. The Ninth Circuit decision today affirmed both the conviction and sentence.

According to Assistant United States Attorney David L. Gappa, who prosecuted the case, the evidence at trial proved that SMITH made many race-based threats on citizen’s band radio against an African-American man, including threats to burn a cross on the victim’s lawn, firebomb the victim’s house, and hang the victim from a tree while sexually assaulting the victim’s wife. Local police had to intervene on at least one occasion in which SMITH followed up on his threats by going to the victim’s home with a group of approximately six people. As a result of SMITH’s conduct, the victim eventually moved from the Modesto area to another community in the Central Valley. In its decision today, the Ninth Circuit upheld a sentencing enhancement for SMITH’s attempt to carry out his threats and because the offense constituted a bias-motivated crime.

United States Attorney Wagner stated: “The Department of Justice puts a very high priority on investigating and prosecuting hate crimes. We are pleased that the Court of Appeals affirmed the conviction in this case, and upheld the district court’s application of the hate crime sentencing enhancement. No member of society should be subjected to racial threats and intimidation of the sort that the defendant engaged in here. The 78-month sentence upheld today should stand as a warning to others who are tempted to engage in similar conduct – federal laws that protect our citizens will be vigorously enforced.”

The case was investigated by the Modesto office of the Federal Bureau of Investigation and prosecuted jointly