United States v. Darius Jordan

MEMORANDUM

Appellant Darius Jordan appeals following his jury conviction for illegally possess ing a firearm in violation of 18 U.S.C. § 922 (g)(1). Jordan argues that the district court erred in denying his claim under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), that the prosecutor used a peremptory challenge in a discriminatory manner by striking G.B., an African-American prospective juror, on account of her race. Jordan also argues that the district court committed procedural error by incorrectly calculating the applicable United States Sentencing Guidelines range when sentencing him to a 68-month term of imprisonment.

We affirm the denial of Jordan’s Batson challenge because Jordan has not “shown purposeful discrimination” at the third step of Batson under either the clear error or de novo standards of review. Miller-El v. Cockrell, 537 U.S. 322, 329 , 123 S.Ct. 1029 , 154 L.Ed.2d 931 (2003); see also United States v. Collins, 551 F.3d 914, 919 (9th Cir.2009) (explaining that the standard of review for a Batson claim may be de novo, as opposed to clear error, where the trial court applies the incorrect legal standard). For example, the record…