UNITED STATES v. TINDLE

No. 84-5036.

808 F.2d 319 (1986)

UNITED STATES of America, Appellee, v. Isaac James TINDLE, a/k/a I.J., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1986.


Attorney(s) appearing for the Case

Henry W. Asbill (Timothy D. Junkin; Asbill, Junkin & Myers, Chtd., on brief), for appellant.

Ty Cobb, Asst. U.S. Atty. (J. Frederick Motz, U.S. Atty., Donna H. Triptow, Asst. U.S. Atty., on brief), for appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


MURNAGHAN, Circuit Judge:

This case was held in abeyance pending the Supreme Court's decision in Batson v. Kentucky, ___ U.S. ___, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In view of the Supreme Court's recent decision in that case, we remand for the district court to ascertain whether blacks were systematically excluded from the jury in violation of the Equal Protection Clause through the government's use of its peremptory challenges. Since there may be a retrial...

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