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U.S. v. GUERRERO

No. 09-30066.

595 F.3d 1059 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael GUERRERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 18, 2010.

Attorney(s) appearing for the Case

Dan B. Johnson, Law Offices of Dan B. Johnson, Spokane, WA, for defendant-appellant Rafael Guerrero.

Gregory M. Shogren (argued), Shawn N. Anderson, United States Attorney's Office, Yakima, WA; James A. McDevitt, United States Attorney, for plaintiff-appellee United States of America.

Opinion by Judge TALLMAN; Dissent by Judge GOULD.

TALLMAN, Circuit Judge:

Defendant-Appellant Rafael Guerrero appeals his jury conviction for conspiracy to possess a listed chemical with intent to manufacture. After the jury was selected and sworn and jeopardy attached, Guerrero raised a Batson objection to the prosecutor's use of peremptory challenges to strike two minority jurors. The district court held an abbreviated hearing, denied the challenge, and the trial proceeded. Guerrero was convicted and now...

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