United States v. Juana Espericueta De Gross

A jury convicted Juana Espericueta De Gross of two counts of aiding and abetting the transportation of an alien within the United States. De Gross appeals her conviction, contending that the district court erred in: (1) denying her peremptory challenge of a male venireperson; and (2) accepting the government’s peremptory challenge of the only Hispanic venireperson. We have jurisdiction under 28 U.S.C. § 1291 (1988). We reverse.

BACKGROUND

De Gross pled not guilty to three counts of aiding and abetting the transportation of an alien within the United'States. During voir dire, the government objected to De Gross’ peremptory challenge of Wendell Tiffany, a male venireperson. At that point, De Gross had successfully exercised seven peremptory challenges against male venirepersons. The government argued that this pattern of striking males established De Gross’ discriminatory intent to exclude male venirepersons in violation of their constitutional rights to the equal protection of the laws. The district court ruled that the government had established a prima facie case of purposeful discrimination, and required De Gross to justify her challenge. De Gross offered no explanation. The…