Boustan

MEMORANDUM **

Mostafa Boustan appeals his judgment of conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a), and his sentence thereto. Boustan appeals his conviction on the ground that the government violated his constitutional rights by exercising a peremptory challenge to strike a non-Caucasian potential juror. He appeals his sentence on the grounds that the district court erroneously imposed a two-level enhancement for obstruction of justice, and improperly based his sentence on prior aggravated felony convictions which were not charged in the indictment or proved to the jury beyond a reasonable doubt. The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.

I

Boutsan argues that the government violated his constitutional rights when it exercised a peremptory challenge in a racially-discriminatory manner, in violation of the principles set forth in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). “A challenge under Batson involves a three-step analysis. The movant must first make a prima facie case showing that the prosecution has engaged in a discriminatory use of a…