United States v. Guadalupe Alcantar

This appeal is hereby resubmitted.

Guadalupe Alcantar appeals her conviction for embezzling and converting bank funds in violation of 18 U.S.C. § 656 . She objects to the conviction on three grounds: her actions did not constitute embezzlement, the jury instructions were improper, and the prosecution was permitted to exclude potential jurors based on their race without having its attempt to provide a neutral explanation for the exclusions subjected to rebuttal by the defense. We find this third ground convincing, and accordingly, we remand for further proceedings.

SUMMARY OF FACTS

While Alcantar managed the San Ysidro Branch of the Bank of Coronado, she and her ex-husband Tomas engaged in a series of transactions to profit on the difference in the peso/dollar exchange rate between San Diego and the border town of Nogales, Arizona. The transactions involved two Nogales corporations that needed to exchange large amounts of dollars into pesos. They supplied Tomas with checks in dollar amounts. Tomas purchased wire transfers at a Nogales bank in the exact amount of the dollars provided to him, and transferred the dollars to the Bank of Coronado. In San Diego, Alcantar issued a Bank…