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UNITED STATES v. SANTIAGO-MARTINEZ

No. 94-10350.

58 F.3d 422 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Luis SANTIAGO-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1995.

Attorney(s) appearing for the Case

Bernardo M. Garcia, Phoenix, AZ, for defendant-appellant.

Vincent Q. Kirby, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee.

Before: GOODWIN, FARRIS, and KLEINFELD, Circuit Judges.

PER CURIAM:

We hold that the equal protection analysis in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) does not apply to prohibit peremptory strikes on the basis of obesity.

The defendant in this case was convicted on felony drug charges and now seeks to use the striking of obese venire persons to overturn his conviction. A detailed recitation of the facts...

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