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U.S. v. BIRCHETTE

No. 17-4450.

908 F.3d 50 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Trenton R. BIRCHETTE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 7, 2018.

Attorney(s) appearing for the Case

ARGUED: Caroline Swift Platt , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Kaitlin Gratton Cooke , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, Alexandria, Virginia, Keith Loren Kimball , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Norfolk, Virginia, for Appellant. Dana J. Boente , United States Attorney, Alexandria, Virginia, Brian J. Samuels , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Harris and Judge Osteen joined.

The Supreme Court held in Peña-Rodriguez v. Colorado that courts may receive evidence from jurors impeaching a jury verdict after a "threshold showing" that "racial animus was a significant motivating factor in [a] juror's vote to convict." ___ U.S. ___, 137 S.Ct. 855, 869,...

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