David Freddoso argues against the Shepard Act:
Another problem with this particular bill is that it explicitly encourages federal prosecutors to try defendants twice for the same crime, even if the first trial results in acquittal.
People usually think of hate-crimes bills as sentence-enhancers and indeed, many state hate-crime laws take that format. The Shepard bill does not. In addition to providing financial help for local prosecutors for hate crimes, it creates a new federal charge, with a ten-year prison sentence, that can be used against those who commit “crimes of violence” with firearms or explosives, or which cause serious bodily harm, motivated by hatred toward certain groups.