Burns

United States v. Burns

Good Law
343 F. App'x 265
United States Court of Appeals for the Ninth CircuitAugust 26, 2009No. 08-30304California829 words

Opinion

Lead Opinion

MEMORANDUM *

Reginald Burns appeals his conviction for unlawful possession of a firearm, in violation of 18 U.S.C. § 922 (g), after trial by jury. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Burns, who is African-American, contends that the district court abused its discretion by refusing to ask questions about prospective jurors’ racial bias during voir dire. District judges have been accorded wide discretion in conducting voir dire. Rosales-Lopez v. United States, 451 U.S. 182, 189 , 101 S.Ct. 1629 , 68 L.Ed.2d 22 (1981) (plurality opinion). The Supreme Court has established under its supervisory power over the federal courts, however, that when the external circumstances of a case create a reasonable possibility that racial or ethnic prejudice might affect the jury, voir dire questioning regarding racial or ethnic prejudice is required. 1 Id. at 192 , 101 S.Ct. 1629 .

Burns argues that the district court was required under Rosales-Lopez to ask questions regarding racial prejudice during voir dire because Burns is an African-American in Portland, Oregon, a predominately white city. We disagree. Burns presents no specific evidence of racial bias in…

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