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LOVEJOY v. U.S.

No. 96-1294.

92 F.3d 628 (1996)

Henry LOVEJOY, Sr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 7, 1996.

Rehearing Denied September 5, 1996.

Attorney(s) appearing for the Case

Mary Heise Buckley, Asst. Fed. Public Defender, argued (Fredilyn Sison on brief) Omaha, NE, for appellant.

Jan W. Sharp, Asst. U.S. Atty., Omaha, NE, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and KORNMANN, District Judge.

KORNMANN, District Judge.

Appellant, Henry Lovejoy, Sr., was convicted of attempted sexual abuse in violation of 18 U.S.C. § 2242(2)(A) and (B). The District Court1 sentenced Lovejoy to 121 months imprisonment. Lovejoy claims the District Court erred in failing to find a violation of the Equal Protection Clause2 when the government exercised a peremptory challenge to exclude a black person from the jury...

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