Reed

United States v. Reed

Good Law
84 F. App'x 983
United States Court of Appeals for the Ninth CircuitJanuary 7, 2004No. 01-50542California1,674 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Phillip Wendell Reed, Jr. appeals multiple convictions for bank robbery on three grounds: (1) the district court clearly erred in accepting the prosecution’s justification for peremptorily striking the sole African-American venire member; (2) the district court abused its discretion in imposing full liability for restitution on Reed and requiring immediate payment; and (3) the district court abused its discretion by not ordering production of tapes of purported telephone conversations between prosecution witnesses. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

I.

Reed appeals the district court’s acceptance of the prosecution’s justifications for exercising a peremptory challenge. Reed is African-American, and he alleges that the prosecutor purposefully discriminated by peremptorily challenging the only African-American member of the venire.

During voir dire, one venire person stated that she was formerly a member of the defense team in a high-profile criminal case and that she remained less willing to believe the testimony of law enforcement witnesses. She was dismissed for cause. The prosecutor then requested a…

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