Parker

MEMORANDUM **

After a jury trial, Robert Lee Parker was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. *442 § 922 (g)(1) and was sentenced to 41 months in prison. During jury selection, the prosecutor used a peremptory challenge to strike the only seated black juror, Lynne Thompson. Parker, who is also black, challenged the peremptory strike under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). The district court denied Parker’s Batson challenge and Parker now appeals that ruling. The relevant facts are known to the parties and are discussed here only briefly and as necessary.

“Batson sets forth a three-part test for determining whether a prosecutor has used peremptory strikes in a way that violates the Equal Protection Clause.” United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir.2002). “The defendant must first make a prima facie showing that the prosecution exercised its peremptory challenges based on race. Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors. Finally, if the first two steps are satisfied, the [trial]…