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U.S. v. BROWN

Docket No. 02-1135.

352 F.3d 654 (2003)

UNITED STATES, Appellee, v. Deborah A. BROWN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 16, 2003.

Attorney(s) appearing for the Case

Frank Policelli, Utica, N.Y., for Defendant-Appellant.

Andrew T. Baxter, Assistant United States Attorney, for Glenn T. Suddaby, United States Attorney for the Northern District of New York, for Appellee.

Before: CARDAMONE, MINER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge.

Defendant Deborah Brown appeals from a conviction, entered in district court for the Northern District of New York (Mordue, J.), for mail fraud and conspiracy to defraud the United States Department of Health and Human Services (HHS). She argues that the prosecutor exercised a peremptory challenge against a black venire member on the basis of race, in violation of Batson v. Kentucky, 476 U.S. 79

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