United States v. Benjamin Omoruyi

Benjamin Omoruyi appeals his conviction for possession of counterfeit securities in violation of 18 U.S.C. § 513 .

I.

Omoruyi argues that the district court erred by permitting the government to peremptorily challenge female prospective jurors on the basis of gender.

The first government peremptory challenge was exercised against an unmarried white woman, and the second against an unmarried black woman. Omoruyi objected to the second challenge on the basis that it was racially discriminatory. In response to the district court’s request to explain the challenge, the government counsel responded: “Because she was a single female and my concern, frankly, is that she, like the other juror I struck, is single and given defendant’s good looks would be attracted to the defendant.” Although the district court suggested that the government “use a little better standard” in articulating its peremptory challenges, the court denied the defendant’s motion for a new jury.

In United States v. DeGross, 960 F.2d 1433 (9th Cir.1992) (en banc), we extended Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), to gender-based peremptory challenges and held that “equal…