United States v. Mark Anthony Brown

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mark Anthony BROWN, Defendant-Appellant. No. 91-50139. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1992. Decided May 7, 1992. Before BOOCHEVER, WILLIAM A. NORRIS and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Brown appeals his conviction on two counts of attempted bank robbery in violation of 18 U.S.C. § 2113 (a). The government concedes that retrial is required because the district court erred in rejecting Brown's peremptory challenge. Accordingly, we reverse and remand for retrial. Although we need not discuss the peremptory challenge issue because of the government's concession, we address a number of other issues that may arise on retrial in the exercise of our discretion to provide guidance to the district court. See, e.g., Gregorian v. Izvestia, 871 F.2d 1515, 1526 (9th Cir.1989). 3 * This case arises from Brown's behavior…