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U.S. v. PRINCE

No. 10-3180.

647 F.3d 1257 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Judah PRINCE, also known as Rex A. Lutes, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 5, 2011.

Attorney(s) appearing for the Case

Timothy J. Henry , Assistant Federal Public Defender, Federal Public Defender Office, Wichita, KS, for Appellant.

James A. Brown , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, and Matt Treaster , Assistant United States Attorney, with him on the brief) United States Attorney's Office, Wichita, KS, for Appellee.

Before TYMKOVICH, SEYMOUR, and ANDERSON, Circuit Judges.

TYMKOVICH, Circuit Judge.

Appealing his drug convictions, Judah Prince asks us to decide two questions of first impression in our circuit. First, does the Constitution bar the government from peremptorily striking prospective jurors because of their views on marijuana legalization? On this question, we find no constitutional protection. Given the posture of Prince's case, the Constitution does not prohibit parties from striking...

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