U.S. v. CLEMONS

No. 87-3239.

843 F.2d 741 (1988)

UNITED STATES of America v. Oscar CLEMONS, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 31, 1988.


Attorney(s) appearing for the Case

George E. Schumacher, Federal Public Defender, David G. Rothey (argued), Asst. Federal Public Defender, Pittsburgh, Pa., for appellant.

J. Alan Johnson, U.S. Atty., Constance M. Bowden, Philip A. Ignelzi (argued), Asst. U.S. Attys., Pittsburgh, Pa., for appellee.

Before BECKER and SCIRICA, Circuit Judges and FARNAN, District Judge.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

Appellant Oscar Clemons raises several issues relating to his conviction on drug-related charges. Only two points, however, merit in-depth treatment. First, Clemons contends the government violated his fifth and sixth amendment rights when the prosecutor used peremptory challenges to strike the only two blacks on the jury panel. See Batson v. Kentucky, 476 U.S. 79, 88-98...

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