United States v. Gellani Hammed Benyamen

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gellani Hammed BENYAMEN, Defendant-Appellant. No. 93-50738. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1994. Decided Nov. 1, 1994. Before: FLETCHER, BOOCHEVER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Gellani Hammed Benyamen is a black citizen of Ghana who was arrested after customs inspectors at the Los Angeles International Airport discovered 5.8 kilograms of 93-95% pure heroin hidden in the lining of his suitcases. He appeals his conviction for conspiracy, importation of heroin, and possession with intent to distribute heroin. We have jurisdiction and affirm. I. 3 Benyamen first claims Batson error because the Government exercised a peremptory challenge, against a black woman named Harriet Moss. It was the Government's only peremptory challenge. Benyamen maintains that the challenge was racially motivated in violation of…