Winston

MEMORANDUM *

Defendant Darryl Tracy Winston timely appeals his conviction of and sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1).

1. The district court applied the correct legal standard under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). See United States v. Steele, 298 F.3d 906 (9th Cir.) (reviewing for clear error), cert. denied, 537 U.S. 1096 , 123 S.Ct. 710 , 154 L.Ed.2d 646 (2002). The court considered the relevant *786 circumstances surrounding the peremptory challenge to Juror Small and permissibly found that Defendant failed to establish a prima facie case of discriminatory motivation for the challenge.

2. We review for abuse of discretion the district court’s exclusion, during cross-examination, of the sustained complaint against Officer Shears. United States v. Geston, 299 F.3d 1130, 1137 (9th Cir.2002). The court permissibly concluded that the probative value of the material was substantially outweighed by the potential for unfair prejudice, jury confusion, and a “mini-trial” about the circumstances surrounding the complaint.

3. The district court erred when it violated the requirements of…