United States v. Bruno Clayton Devine

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bruno Clayton DEVINE, Defendant-Appellant. No. 95-30014. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 17, 1995. Decided Jan. 5, 1996. Before: REINHARDT and TROTT, Circuit Judges, and SCHWARZER, * District Judge. MEMORANDUM ** Appellant Devine was convicted of the involuntary manslaughter of Glen Ashton and Christine Ivancic in the United States District Court for the District of Montana. Batson Challenge During jury selection, in response to Devine's Batson 1 challenge, the prosecutor explained that he had challenged a Native American juror because he had personally prosecuted an individual by the same last name and from the same town as that prospective juror. The explanation offered by the government was neutral. Purkett v. Elem, 115 S.Ct. 1769, 1771 (1995); Hernandez v. New York, 111 S.Ct. 1859, 1869 (1991). See United States v. Bynum,…