U.S. v. THOMAS

Docket No. 00-1593(L).

320 F.3d 315 (2002)

UNITED STATES of America, Appellee, v. Karzekel THOMAS, Justis Bosh, a/k/a Jeffrey A. Bosch, Desmond Burns, Carvin Loussaint, Khasim Marcelle, Defendants, James L. Johnson and Ozem Thomas, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Remanded for Supplemental Findings: September 4, 2002.

Decided: February 19, 2003.


Attorney(s) appearing for the Case

Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, David C. James and Cecil C. Scott, Assistant United States Attorneys, Brooklyn, New York, on the brief, for Appellee.

Bernard H. Udell, Brooklyn, New York, for Appellant Johnson.

Richard Ware Levitt, New York, New York, for Appellant Thomas.

Before: KEARSE, JACOBS, KEITH, Circuit Judges.


JACOBS, Circuit Judge.

James Johnson and Ozem Thomas appeal from judgments of conviction entered following a jury trial in the United States District Court for the Eastern District of New York (Korman, Ch.J.). Defendants, who are African-American, argue principally that the prosecutor violated the equal protection principle of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), when he exercised peremptory...

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