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U.S. v. YEPIZ

No. 09-50574.

685 F.3d 840 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Horacio YEPIZ, aka Little Horse, aka Alberto Rodriguez, aka Seal C, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2012.

Attorney(s) appearing for the Case

Benjamin L. Coleman , Coleman & Balogh LLP, San Diego, CA, for appellant Horacio Yepiz.

Nili T. Moghaddam , Assistant United States Attorney, Los Angeles, CA, for appellee United States.

Before: WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

RAWLINSON, Circuit Judge:

One of the most valuable weapons in the arsenal of the trial attorney is the peremptory challenge. In a criminal trial, availability of this weapon is ensured pursuant to Rule 24 of the Federal Rules of Criminal Procedure. Specifically, Rule 24 provides that in a non-capital felony case, the prosecution is allowed six peremptory challenges and the defense is allowed ten peremptory challenges.1

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