Perez-Casanova
United States v. Perez-Casanova
Opinion
Lead Opinion
MEMORANDUM **
*549 Lazaro Perez-Casanova raises an equal protection challenge to the racial composition of the jury venire under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). He argues that because of the composition of the jury venire, the prosecutor did not need to use his peremptory challenges to strike potential jurors solely on account of their race.
Perez-Casanova cannot lodge his objection as a Batson claim because Bat-son prohibits the prosecutor’s discriminatory use of peremptory challenges, which is not at issue in this case. In actuality, Perez-Casanova is challenging the composition of his petit jury under United States v. Esquivel, 88 F.3d 722 (9th Cir.1996). Under Esquivel , Perez-Casanova must first establish a prima facie case that the jury selection procedure employed resulted in substantial under-representation of his race or of the identifiable group to which he belongs. Id. at 725 (citing Castaneda v. Partida, 430 U.S. 482, 494 , 97 S.Ct. 1272 , 51 L.Ed.2d 498 (1977)). Perez-Casanova has not provided any evidence that Hispanics are singled out for different treatment under the laws as written or as applied.