U.S. v. MALINDEZ

No. 91-5624.

962 F.2d 332 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Celso MALINDEZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1992.


Attorney(s) appearing for the Case

Miles Sanford Weiss, Charleston, S.C., argued, for defendant-appellant.

Albert Peter Shahid, Jr., Asst. U.S. Atty., Charleston, S.C., argued (E. Bart Daniel, U.S. Atty., Scott N. Schools, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.


OPINION

LUTTIG, Circuit Judge:

The issue presented in this appeal is whether, after Powers v. Ohio, ___ U.S. ___, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991), the defendant in a criminal trial must still establish a prima facie case of racial discrimination in the use of peremptory challenges before the Government must come forward with a nonracial justification for these challenges, as required by Batson v. Kentucky, 476 U...

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