United States v. Charlton

600 F.3d 43, 2010 U.S. App. LEXIS 6754, 2010 WL 1241306
CourtCourt of Appeals for the First Circuit
DecidedApril 1, 2010
Docket08-1797
StatusPublished
Cited by17 cases

This text of 600 F.3d 43 (United States v. Charlton) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Charlton, 600 F.3d 43, 2010 U.S. App. LEXIS 6754, 2010 WL 1241306 (1st Cir. 2010).

Opinions

TORRUELLA, Circuit Judge.

Trevor Charlton (“Charlton”), an African-American, was convicted by a jury of one count of being a felon in possession of a, firearm,1 in violation of 18 U.S.C. § 922(g)(1).2 The district court enhanced Charlton’s sentence pursuant to the [46]*46Armed Career Criminal Act (“the ACCA”), 18 U.S.C. § 924(e).3

On appeal, Charlton makes two claims. First, Charlton contends that the empanelment of the jury that convicted him was tainted by racial discrimination in violation of the Constitution and Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Second, Charlton argues that the district court’s imposition of the ACCA enhancement violated his Constitutional rights because the government did not plead or prove beyond a reasonable doubt the requisite predicate convictions, nor did Charlton admit those convictions. Finding that the district court committed no error in granting the government’s peremptory strike at issue in this case, we affirm Charlton’s conviction. Furthermore, finding that we are bound by the United States Supreme Court ruling in Almendárez-Torres v. United States, 523 U.S. 224, 226-27, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), and our own precedent in United States v. Richards, 456 F.3d 260, 262 (1st Cir.2006), cert. denied, 550 U.S. 905, 127 S.Ct. 2097, 167 L.Ed.2d 816 (2007), we affirm Charlton’s sentence.

I. Facts and Procedural History

A. Incident (2004) and Indictment (2004)

As we observed in 2007, when this case was first before us, the events leading to Charlton’s arrest are generally undisputed, and their substance is not at issue on this appeal either. We thus will present these events even more briefly than we did in our prior opinion in this matter. See United States v. Charlton, 502 F.3d 1, 2-4 (1st Cir.2007).

During the evening of July 25, 2004, while investigating a shooting, police in Brockton, Massachusetts found a loaded firearm wrapped in a white shirt on a porch near where Charlton was standing with four other men. Later that night, after first offering various denials, Charlton admitted to the police that he possessed the firearm, owned the white shirt, and had recently stabbed a man.

On September 29, 2004, a grand jury sitting in Boston, Massachusetts, returned a one-count indictment against Charlton, charging him with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).

B. First Trial (2006) and Charlton’s Denied Motion to Dismiss (2006)

On March 13, 2006, Charlton’s first trial began. Seven days later, on the government’s motion and over Charlton’s objection, the district court declared a mistrial after the jury repeatedly declared it was deadlocked.

On May 23, 2006, Charlton filed a motion to dismiss the indictment against him on the ground that “further prosecution would violate the Double Jeopardy clause of the Fifth Amendment to the United States Constitution.” On June 12, 2006, the district court denied Charlton’s motion. United States v. Charlton, 2006 U.S. Dist. LEXIS 97012, at *14 (D. Mass., June 12, 2006). On August 10, 2007, we affirmed. Charlton, 502 F.3d at 6.

[47]*47C. Second Trial — Jury Selection (2007)

On December 3, 2007, Charlton’s second trial began, and jury selection commenced. Because this was a non-capital felony case, the government possessed six peremptory challenges to prospective jurors and Charlton had ten. See Fed.R.Crim.P. 24(b)(2). Each side also possessed one additional peremptory challenge for the two prospective alternate jurors. See Fed.R.Crim.P. 24(c)(4)(A).

The district court qualified the venire, which consisted of fifty-five potential jurors. The district court and defense counsel argued about the precise number of African-Americans in the jury pool, which defense counsel stated was seven and the district court at one point estimated was twelve.4

1. Peremptory Challenges — Round One

The district court proceeded by seating the first twelve potential jurors, which the defense noted included two African-Americans. The government then exercised three of its peremptory challenges, striking Juror No. 23, one of the two African-Americans. Next, the defense exercised five of its peremptory challenges, after which the defense objected to the government’s peremptory challenge of Juror No. 23, stating: “she’s one of the two black jurors seated in the jury, and I think one of the few black jurors in the jury pool.” The government attorney, when asked by the district court if he “want[ed] to give a reason for the record,” responded: “It has nothing to do with the race, just she’s an attorney, and I do not want an attorney on the jury.” The district court accepted this explanation and excused Juror No. 23.

2. Peremptory Challenges — Round Two

The district court then seated eight new potential jurors, including one African-American. The defense then exercised two of its five remaining peremptory challenges. The government followed by exercising one of its three remaining peremptory challenges, striking Juror No. 37, the newly called African-American. The defense again objected, stating: “This is the second African-American that’s being challenged. Our client is entitled to a fair jury. If she’s off, there will be one African-American on the jury, and I’m pressing that.” The government, when asked by the district court why he was striking the prospective juror, responded:

[SJhe’s a member of the clergy. It has nothing to do with race.... Whether she was black, white, Hispanic, Asian, male or female, I’d be challenging her because I think members of the clergy tend to be more sympathetic towards people and less likely to judge them, and I note for the record the first two that I challenged last time happened to be white males.

The district court accepted this explanation, stating: “I do know that, typically speaking, prosecutors challenge clergy. I mean, that’s the way they do it, so I’m not going to call this a black challenge.”

After then determining that there was a maximum of two African-Americans in the remaining jury pool,5 the district court, [48]

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United States v. Charlton
600 F.3d 43 (First Circuit, 2010)

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Bluebook (online)
600 F.3d 43, 2010 U.S. App. LEXIS 6754, 2010 WL 1241306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charlton-ca1-2010.