United States v. Moises Palacios

MEMORANDUM

Moisés Salas Palacios was convicted for importing cocaine and possession -with intent to distribute the same. He was sentenced to the mandatory minimum of 120 months’ imprisonment and now appeals his conviction and sentence. We affirm.

Palacios first argues that he is entitled to a new trial because the district court upheld two of the prosecutor’s three strikes to Hispanic jurors on the venire, in violation of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). Steps one and two of the Batson framework are not in dispute. Only step three of the Batson inquiry is at issue and thus the sole question is whether the trial court clearly erred in concluding that there was no purposeful discrimination. Tolbert v. Page, 182 F.3d 677 , 680 n. 5 (9th Cir.1999). We conclude that the district judge did not clearly err.

The prosecutor attempted to strike all three Hispanic jurors, P.L., A.G., and D.A. The district court sustained the objection to excusing P.L. and she was seated on the jury.

The prosecutor’s reasons for striking A.G. were: (1) he had a close relative who was convicted of importing drugs and A.G. was uncertain whether his relative’s…