U.S. v. CHINCHILLA

Nos. 87-5102, 5112.

874 F.2d 695 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael CHINCHILLA and Carlos Alberto Escobar, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1989.


Attorney(s) appearing for the Case

Cynthia G. Aaron, Charles D. Weisselberg, Trial Attorney, Federal Defenders of San Diego, Inc., Maxine I. Dobro, San Diego, Cal., for defendants-appellants.

William D. Baldwin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before O'SCANNLAIN and LEAVY, Circuit Judges, and WILLIAMS, District Judge.


SPENCER WILLIAMS, District Judge:

Chinchilla and Escobar appeal their conviction for crimes related to the importation and possession of marijuana. Their principal attack alleges discriminatory use of peremptory challenges in jury selection. We agree and reverse.

FACTS AND PROCEEDINGS

On November 1, 1986, Arnoldo Fuentes drove a van containing marijuana across the Mexico-United States border. After crossing the border, authorities found the marijuana...

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