United States v. Guadalupe Alcantar

This case was originally heard on July 7, 1987. At that time, we remanded the case for a hearing, and retained jurisdiction to consider any issues left after the district court further developed the record. See United States v. Alcantar, 832 F.2d 1175 (9th Cir.1987) (“Alcantar I”). We now reverse appellant’s conviction.

I.

In Alcantar I, Guadalupe Alcantar (“Al-cantar”) challenged her conviction for conversion of bank funds on numerous grounds. All were rejected except her allegation that the prosecutor used peremptory challenges to discriminate against Hispanic jurors on the venire panel — two from the petit jury and one from the group of alternates. The district court promptly held an in camera, ex parte hearing to determine whether the peremptory challenges were discriminatory. At this hearing, the prosecutor explained that he challenged Carlos Zapata because he looked upset and because he spoke Spanish fluently. He challenged Marta Riquelme because she had a thick accent, which led him to believe that she did not speak English well, and because she spoke Spanish fluently. Finally, he challenged Martha Martinez because she lived in San Ysidro, the same city in which Alcantar…