721 F.3d 896
7th Cir.2013Background
- Heron rode in a tractor-trailer loaded with 1,100 pounds of marijuana and 28 kilograms of cocaine destined for East St. Louis, Illinois.
- He claimed he joined the trip as a favor and believed only legitimate goods would be transported; a jury nonetheless convicted him on two drug-distribution counts.
- The government retried Heron after an initial reversal for abuse-of-discretion in denying a continuance; he was convicted again in 2011 and received concurrent sentences of 108 and 120 months.
- Heron challenged the trial on two grounds: a Batson challenge alleging a religion-based juror strike, and admission of a co-driver identification as hearsay under Rule 801(d)(2)(E).
- Juror #9 was struck; defense argued the strike was based on religion, though the government offered a non-discriminatory race-based rationale.
- During the traffic stop, Hosp testified that Hamilton identified Heron as his “co-driver,” which the government argued was admissible as a co-conspirator statement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Religion-based Batson claim forfeiture | Heron argues Batson was violated by a religion-based strike. | Government contends Batson claims based on race and religion were not properly raised; the reason was race-neutral. | Religion-based Batson claim forfeited; no plain error established. |
| Admissibility of co-driver statement | Hosp’s testimony identifying Heron as co-driver was not in furtherance of a conspiracy and is hearsay barred by 801(d)(2)(E). | Statement falls within co-conspirator exception; it aided the conspiracy and was admissible. | No reversible error; even if error occurred, it was harmless. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (1986) (discriminatory peremptory strikes violate Equal Protection)
- J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) (extends Batson to gender-based strikes)
- United States v. Willis, 523 F.3d 762 (7th Cir. 2008) (preservation and pretext framework for Batson challenges)
- United States v. Brown, 352 F.3d 654 (2d Cir. 2003) (religion-based Batson challenges not uniformly recognized)
- United States v. Davis, 15 F.3d 1393 (7th Cir. 1994) (preservation and scope of Batson challenges)