§3A1.1.(a)Note the standard: "beyond a reasonable doubt," a heavy evidentiary burden. Note also the protected classes, which have been augmented in recent years.
If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, increase by 3 levels.
Update: An important error in the following paragraph has been fixed.
The guidelines require a three-level increase, which, on average, means 14.5 extra months of incarceration. This opens up a potential avenue for the affirmative: hate crime laws look more and more like drug laws, and might suffer from similar problems with "mandatory minimums," tying the court's hands and leading to disproportionate punishment.
*For a defense of applying US Sentencing Guidelines to an "in the United States" resolution, I'll quote myself:
I'd use federal guidelines for two reasons. 1. It simplifies an otherwise impossibly messy debate, which would otherwise tackle 50 potentially different standards and
2. Federal guidelines are "advisory" for all the states.