United States v. Jorge Enciso-Morales

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jorge ENCISO-MORALES, Defendant-Appellant. No. 91-10386. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1992. * Decided May 8, 1992. Before HUG, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 Jorge Enciso-Morales ("Morales") appeals his conviction following a jury trial for possession and importation of controlled substances, in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(1)(A), and 28 U.S.C. §§ 952 (a), 960(a)(1) & (b). Morales contends that he was denied equal protection through the government's use of peremptory challenges to exclude people of color from the jury. He also challenges the sufficiency of the evidence supporting his conviction. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 2 * Jury Selection 3 "[T]he Equal Protection Clause prohibits a prosecutor from using the State's peremptory…