Fails

United States v. Fails

Good Law
51 F. App'x 211
United States Court of Appeals for the Ninth CircuitNovember 12, 2002No. 00-50523; D.C. No. CR-99-02963-1-BTMCalifornia2,063 words

Opinion

Lead Opinion

MEMORANDUM *

In a joint trial with Cardie Gold (“Gold”), Leilani Fails (“Fails”) was convicted of five counts of bank fraud in violation of 18 U.S.C. § 1344 . Gold’s appeal to us was resolved in an unpublished opinion on October 18, 2001. United States v. Gold, 2001 WL 1248737 , 22 Fed.Appx. 721 (9th Cir. Oct. 18, 2001). Separately, Fails appeals her conviction, arguing that the district court erred in: (1) overruling her Batson challenge, (2) striking testimony by Gold regarding Fails’s good character, (3) denying her motion for mistrial based on prosecutorial misconduct, and (4) denying her motion for mistrial based on juror *213 misconduct. We have jurisdiction, reject these claims and affirm.

Because both parties are aware of the facts giving rise to the appeal, we recount them here only as necessary to explain our ruling.

I

Fails argues that the government violated Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), by using its peremptory challenge to excuse Laversa Jones, an African American woman, from the jury. The Batson challenge raised by Fails was raised by Gold in her separate appeal. There, we rejected that challenge, based on the same…

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