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U.S. v. BISHOP

No. 89-50560.

959 F.2d 820 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Leo BISHOP, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated May 1, 1991.

Resubmitted September 4, 1991.

Decided March 25, 1992.

Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Robert L. Brosio, and John S. Gordon, Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before: BROWNING, D.W. NELSON and REINHARDT, Circuit Judges.

D.W. NELSON, Circuit Judge:

With this case, we are called upon to examine the boundaries of the Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Appellant Leo Bishop alleges that the prosecutor in his criminal trial unconstitutionally exercised a peremptory challenge to exclude a prospective black juror on the basis of her race. The prosecutor explained the challenge as based...

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