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U.S. v. ROBERTS

No. 88-6185.

913 F.2d 211 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Cynthia Diane ROBERTS, Johnny Binder, Jr., and Martha Marie Preston, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 19, 1990.

Attorney(s) appearing for the Case

David Cunningham, Houston, Tex., (Court-appointed), for Roberts.

Kent A. Schaffer, Houston, Tex., for Binder.

Will Gray, David R. Bires, Houston, Tex., for Preston.

Mel R. Pechacek, Paula C. Offenhauser, Asst. U.S. Attys., Gulf Coast Drug Task Force, Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GEE, RUBIN, and DAVIS, Circuit Judges.

GEE, Circuit Judge:

Today we decide — among other points of error — whether the government's use of four peremptory strikes to exclude black veniremembers violated the defendants' constitutional rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) and whether an ex parte communication between the district court's case manager and the jury violated...

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