United States v. Luis Cruz-Cruz

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JUN 26 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 22-50111

Plaintiff-Appellee, D.C. No. 3:22-cr-01009-JO-1 Southern District of California, v. San Diego

LUIS ANGEL CRUZ-CRUZ, AKA Angel ORDER Sanchez-Cruz,

Defendant-Appellant.

Before: CALLAHAN, R. NELSON, and BADE, Circuit Judges.

The memorandum disposition filed on December 8, 2023, is hereby

amended as follows. The sentence on page 4 of the disposition that reads:

“Although the district court might have concluded that the prosecution’s comment

concerning Juror 10 reflected an underlying bias, Cruz has not shown that the

district court clearly erred absent additional evidence refuting the prosecution’s

race-neutral reasons” is deleted, and is replaced with the following sentence: “To

the extent that Cruz’s arguments are directed at Batson’s second step, we review

those arguments de novo, and find that the prosecutor proffered race-neutral

reasons for striking Juror 22.” The…