Doe

MEMORANDUM **

Appellant John Doe, aka Mario Brooks (Doe), was convicted after a jury trial of making a false statement in an application for a passport in violation of 18 U.S.C. § 1542 . Doe appeals.

Doe’s only claim on appeal concerns an alleged flaw in the jury selection process. Doe, an African-American, alleged that the prosecution used three of its first four peremptory challenges to strike African-Americans from the venire in violation of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). The district court judge sustained the Batson challenges as to two of the jurors, and overruled as to the third. Doe appeals the denial; of his Batson challenge as to the third juror, Juror X.

Peremptory challenges in jury selection may not be used in a racially biased manner. Id. at 89 , 106 S.Ct. 1712 . Batson announced a three part process to determine whether a challenge is tainted. Id. at 96-98 , 106 S.Ct. 1712 . First, the defendant has to make out a prima facie case showing that the prosecutor has exercised peremptory challenges on the basis of race. Second, if the prima facie showing has been made, the burden shifts to the prosecutor to articulate a…