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U.S. v. THOMPSON

No. 86-5195.

827 F.2d 1254 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Clyde Major THOMPSON, aka Clyde Johnson; Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1987.

Attorney(s) appearing for the Case

Judith S. Feigin, San Diego, Cal., for plaintiff-appellee.

Mario G. Conte and Verna J. Wefald, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Before SNEED, KOZINSKI and THOMPSON, Circuit Judges.

KOZINSKI, Circuit Judge:

In this case we must answer some of the questions left open by the Supreme Court in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The most important of these is whether the district judge abused his discretion by conducting an in camera, ex parte examination of the prosecutor's motives for excluding blacks from the jury.

Facts

On July 1, 1985, two employees...

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