United States v. Russell Lupe, Jr.

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Russell LUPE, Jr., Defendant-Appellant. No. 92-10605. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 1, 1993. Decided Sept. 20, 1993. Before: REAVLEY, * PREGERSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 The judgment of the district court is affirmed for the following reasons: 3 1. Gender neutral reasons were given by the prosecutor for all preemptory strikes of male veniremen. The transcript shows only "an independent entry" as the prosecutor's reason for striking Mr. Ewing. The word "entry" may be an error of the reporter, but a person too independent to follow the evidence and the court's instruction would not be an acceptable juror. 4 2. The court did not commit an abuse of discretion in refusing to excuse Mr. Hastings for cause. Although his wife had been attacked about the same time and on the same reservation, Mr. Hastings…