United States v. Guadalupe Castro-Romero

Guadalupe Castro-Romero appeals his sentence and conviction following jury trial for two counts of sexual abuse of a minor in violation of 18 U.S.C. § 2241 (c). Castro- Romero contends the district court erred by (1) permitting the government in violation of the Equal Protection Clause to exercise a peremptory challenge to excuse a black juror, (2) permitting the government in violation of his right to confront witnesses to engage in leading and suggestive questions during the examination of the minor victim, and (3) increasing his offense level under the Sentencing Guidelines because the minor victim was in his custody, care, or supervisory control. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I

Equal Protection

Castro-Romero contends he was denied equal protection when the prosecutor exercised a peremptory challenge to strike the only black juror in the venire solely on the basis of that juror’s race. This contention is without merit.

We review for clear error the district court’s factual determination regarding purposeful discrimination in the jury selection process. United States v. Power, 881 F.2d 733, 739 (9th Cir.1989).

We employ a two-stage analysis when…