Samayoa

MEMORANDUM **

This case involves a Batson 1 challenge to the Government’s use of peremptory challenges to excuse three Hispanic individuals from the jury panel for a drug offense trial. Appellant Samayoa argues that the district court’s Batson analysis was flawed and that the Government’s reasons for excusing the prospective jurors were mere pretext for racial discrimination. We conclude that the district court’s Batson analysis was correct. Regarding pretext, Samayoa waived one of his pretext arguments by failing to raise it before the district court, and any other errors in the court’s pretext analysis were harmless. Accordingly, we affirm.

Samayoa argues that the district court improperly merged the second and third steps of the Batson analysis and erroneously concluded that the Government’s explanations for its peremptory challenges were race-neutral. Samayoa also appears to argue that the district court did not make credibility findings regarding the Government’s explanations, as Batson requires. The record supports these arguments only if the portions Samayoa cites are taken out of context. Our reading of the record indicates that the district court correctly adhered to…