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  5. 856 F.2d 1189 (1988)
 

U.S. v. TOWNSLEY

Nos. 86-1045, 86-1075 and 86-1188.

856 F.2d 1189 (1988)

UNITED STATES of America, Appellee, v. Sandy TOWNSLEY, Appellant. UNITED STATES of America, Appellee, v. Ernest (Pat) GANDY, Appellant. UNITED STATES of America, Appellee, v. Sorkis WEBBE, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1988.

Attorney(s) appearing for the Case

Burton H. Shostak, Clayton, Mo., and Irl B. Baris, St. Louis, Mo., for appellant.

James E. Crowe, Jr., Asst. U.S. Atty., for appellee.

Before LAY, Chief Judge, HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, and BEAM, Circuit Judges,

BOWMAN, Circuit Judge.

The panel opinion in this case is reported at 843 F.2d 1070 (8th Cir.1988). In Part V of that opinion, 843 F.2d at 1082-84, a majority of the panel held that Webbe and Townsley, who are white, have standing to join Gandy, their black co-defendant, in attacking the government's use of ten of its twelve peremptory challenges to remove black veniremen. See Batson v. Kentucky, 476 U.S. 79<...

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