NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Timothy Robinson, Defendant-Appellant.
No. 96-4610.
United States Court of Appeals, Fourth Circuit.
Submitted March 13, 1997.
Decided March 24, 1997.
Drewry B. Hutcheson, Jr., Alexandria, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Kathleen M. Kahoe, Assistant United States Attorney, Alexandria, Virginia, for Appellee.
Before HALL, ERVIN, and WILKINS, Circuit Judges.
OPINION
PER CURIAM:
Appellant Timothy Robinson appeals his convictions for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (1994), and possession of marijuana by a prisoner, in violation of 18 U.S.C. § 13 (1994). He claims that the trial judge erroneously ruled on matters of jury selection and evidence. Finding no merit to his contentions, we affirm.
I.
At the time of the alleged offenses, Robinson was an inmate at the Lorton Reformatory in Lorton, Virginia. On October 23, 1995, correctional officers found 27.4 grams of marijuana packaged for sale and $105 in cash after a search of Robinson's person and his cell.
The trial judge conducted a voir dire of the jury venire. One juror informed the court that he was a retired chief of police of Ashwood, New Hampshire. The juror also informed the court that his past occupation would not influence his decision. Robinson moved to strike the juror for cause, but the court stated that the juror "look[ed] me in the eye and said he could be impartial." The court then asked whether any prospective juror would credit the testimony of a law enforcement officer merely because of that witness's role as a law enforcement officer. No affirmative responses were received.
Robinson then challenged two of the Government's peremptory strikes as violative of Batson v. Kentucky,
During the trial, the Government called Roy Grillo as an expert in drug distribution and possession in prison. Over Robinson's objec tion, Grillo testified that possession of narcotics in prison perpetuates violent activity within the institution. The court then instructed the jury that "there's no violence in this case, other than the struggle mentioned by the government in locating the source[of the drugs]." The court then sustained the Government's objection to defense counsel's cross-examination regarding correctional officials' possession of drugs at Lorton. The court stated that Robinson could recall Grillo if he produced evidence, aside from his own statement, that he had been framed by Lorton guards.
II.
Robinson contends that the trial judge's failure to excuse for cause the juror who had worked as a chief of police denied him his right to a fair and impartial jury. We review a district court's refusal to excuse a juror for cause for manifest abuse of discretion. See Poynter v. Ratcliff,
III.
Robinson also claims that the Government violated his equal protection rights when it used peremptory strikes to exclude two black jurors from the jury. Equal protection considerations prohibit a prosecutor from using peremptory strikes to exclude jurors on the basis of race. See Batson,
Assuming that Robinson made out a prima facie case, the prosecutor came forward with race-neutral reasons for striking the jurors. No evidence was presented suggesting that the prosecutor's proffered reasons were pretextual or inadequate. We find no error in the district court's determination that race played no role in the prosecutor's actions, and we agree with the district court that there was no equal protection violation. See United States v. Valley,
IV.
Regarding Robinson's claims concerning evidentiary rulings, we find that the district court did not abuse its discretion. See United States v. Hassan El,
Accordingly, we affirm Robinson's convictions. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED.