U.S. v. ALANIS

No. 02-30194.

335 F.3d 965 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Tony ALANIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2003.

As Amended July 16, 2003.


Attorney(s) appearing for the Case

David Ness and Melissa Harrison, Federal Defenders of Montana, Missoula, MT, for the defendant-appellant.

Lori Harper Suek, Assistant United States Attorney, Great Falls, MT, for the plaintiff-appellee.

Before: REINHARDT, W. FLETCHER, and GOULD, Circuit Judges.


OPINION

GOULD, Circuit Judge:

When a defendant objects to a prosecutor's peremptory strikes of potential jurors in alleged violation of the Equal Protection Clause, trial courts are supposed to evaluate the constitutionality of the prosecutor's actions using the three-step process the Supreme Court announced in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In this appeal, we determine whether...

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