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986 F.2d 1259
9th Cir.
1993
PER CURIAM:

Appellant argues that the prosecutor violated his right to equal protection, as secured under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), by using its peremptory challenges to systematically strike young persons from the jury solely on account of their age.

Neither the Supreme Court nor any circuit has held that the Equal Protection Clause prohibits the government from striking venirepersons on account of youth. Accordingly, we now join the First Circuit and the Seventh Circuit in holding that young adults do not constitute a cognizable group for purposes of an equal protection challenge to the composition of a petit jury. See United States v. Cresta, 825 F.2d 538, 545 (1st Cir.1987), cert. denied, 486 U.S. 1042, 108 S.Ct. 2033, 100 L.Ed.2d 618 (1988); United States v. Jackson, 983 F.2d 757, 762-63 (7th Cir.1993).

In an unpublished memorandum filed contemporaneously with this opinion, we AFFIRM appellant’s convictions for murder, robbery, and conspiracy to commit robbery.

Case Details

Case Name: United States v. Wendell Pichay
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Feb 26, 1993
Citations: 986 F.2d 1259; 1993 U.S. App. LEXIS 3082; 1993 WL 49673; 93 Cal. Daily Op. Serv. 1384; 91-10571
Docket Number: 91-10571
Court Abbreviation: 9th Cir.
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