United States v. Allen
2011 U.S. App. LEXIS 14297
| 8th Cir. | 2011Background
- Allen, an African American, was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
- During jury selection the government struck Jurors 9, 14, and 16—all African American—after Allen raised a Batson challenge.
- The district court found a prima facie showing of discrimination and asked for race-neutral explanations.
- The government proffered explanations: Juror 9 inattentiveness/eyes closed; Juror 14 hostile demeanor; Juror 16 potential bias due to brother’s case and race.
- The district court overruled the Batson challenges, Allen was convicted, and his sentence included revocation of supervised release based on the conviction.
- On appeal, Allen challenges the district court’s Batson rulings and the revocation order, which this court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Batson challenges to Jurors 9 and 14 were properly overruled | Allen contends explanations were pretextual and subjective | Government contends explanations were race-neutral and credible | No clear error; explanations credible and supported by record |
| Whether Batson challenge to Juror 16 was properly overruled | Allen argues juror biased; could not be fair | Juror 16 could set aside bias and be impartial | No clear error; race-neutral justification supported by record |
| Whether the revocation of supervised release was proper given Batson issues | Revocation tainted by Batson error | Batson rulings were proper; revocation supported by conviction | Held: revocation affirmed because Batson errors were not clearly established |
Key Cases Cited
- United States v. Ellison, 616 F.3d 829 (8th Cir. 2010) (demeanor can justify race-neutral strike; deferential review of credibility)
- United States v. Maxwell, 473 F.3d 868 (8th Cir. 2007) (demeanor as race-neutral justification; district court credibility)
- United States v. Booker, 576 F.3d 506 (8th Cir. 2009) (expressions of past dissatisfaction with law enforcement can be race-neutral reasons)
- United States v. Samuels, 543 F.3d 1013 (8th Cir. 2008) (rehabilitation not possible in peremptory challenges; focus on strike)
- United States v. Walley, 567 F.3d 354 (8th Cir. 2009) (pretext claims not raised below not reviewed)
- Doss v. Frontenac, 14 F.3d 1313 (8th Cir. 1994) (equal protection limits on peremptory strikes)
- Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991) (serious Batson grounding in peremptory strikes)
- Snyder v. Louisiana, 552 U.S. 472 (2008) (prosecution credibility in assessing Batson explanations)