United States v. Eugene Thompson

735 F.3d 291, 2013 WL 5988947
CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 12, 2013
Docket12-31203
StatusPublished
Cited by37 cases

This text of 735 F.3d 291 (United States v. Eugene Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Eugene Thompson, 735 F.3d 291, 2013 WL 5988947 (5th Cir. 2013).

Opinions

JERRY E. SMITH, Circuit Judge:

Eugene Thompson, as a member of a six-person drug conspiracy, was convicted by a jury of violations of federal drug and gun laws. He appeals the denial of his Batson challenge and questions the sufficiency of the evidence. Finding no reversible error, we affirm.

I.

Thompson faced four counts. He was charged in Count One with conspiracy to distribute and possess with intent to distribute more than 280 grams of crack cocaine, in violation of 21 U.S.C. § 846; in Count Two with possession with intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) and (C) and 18 U.S.C. § 2; in Count Three with possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)© and 18 U.S.C. § 2; and in Count Four with possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 942(a)(2).

During voir dire, Thompson challenged the government’s decision to use five of its seven peremptory strikes against black prospective jurors (Jurors 4, 23, 25, 26, and 37) under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Assuming arguendo that Thompson had established a prima facie case of discrimination, the district court asked the prosecutor to articulate the reasons for the strikes. For Jurors 23 and 37, the government justified its decision solely on its observations of the juror’s demeanor1 during voir dire.2 For Jurors 4, 25, and 26, the government relied on both observations of the juror’s demeanor3 and other [295]*295perceived sources of bias toward the government.4

After hearing each of the prosecutor’s justifications, the court gave Thompson an opportunity to argue that those reasons were pretext for discrimination. Defense counsel disputed the government’s characterizations of the jurors’ demeanor5 and the other stated justifications.6 Having been able to witness the voir dire and assess each side’s credibility, the court denied the Batson challenge, finding each of the government’s proffered reasons credible. Thompson appeals the denial of his Batson challenge.

Following this exchange, in light of the fact that the defense had used , all eleven of its peremptory challenges on white jurors, the government made a reverse Batson challenge. Just like the government, defense counsel justified some of its peremptory challenges solely on the basis of demeanor.7 As with the government, the [296]*296district court credited the defense’s observations of the jurors as facially-neutral, non-pretextual justifications. The court, however, found two of the justifications given by defense counsel to be pretextual.8 Thompson does not appeal the grant of the reverse Batson challenge.9

After the close of the government's case, Thompson moved for a judgment of acquittal, which, after hearing arguments, the district court denied. The jury found Thompson guilty on. all counts. Thompson appeals the denial of the motion for acquittal. After the close of the government’s ease, Thompson moved for a judgment of acquittal, which, after hearing arguments, the district court denied. The jury found Thompson guilty on. all counts. Thompson appeals the denial of the motion for acquittal.

II.

In Batson v. Kentucky, 476 U.S. 79, 93-98, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the Court outlined a three-part framework for evaluating claims that a prosecutor used peremptory challenges in violation of the Equal Protection Clause. To raise a'successful Batson challenge, a defendant must first make a prima facie showing that the prosecutor used a peremptory challenge to strike a juror on the basis of his race. Second, if the defendant has made such a showing, the prosecution must then offer a race-neutral basis for the strike. Finally, the district court must determine whether the defendant has carried his burden of proving purposeful discrimination.

A district court makes a finding fact when it determines whether a prosecutor has purposively discriminated on the basis of race in striking a juror. See Hernandez v. New York, 500 U.S. 352, 367, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991). This court does not overturn such factual findings absent clear error. See United States v. Bentley-Smith, 2 F.3d 1368, 1372 (5th Cir.1993). These factual findings warrant great deference, because the district court “obServ[es] the voir dire, know[s] the layout of the courtroom better than a writ- ten description can provide, and [is] able to consider the demeanor of the prosecutor.” United States v. Turner, 674 F.3d 420, 436 (5th Cir.), cert. denied, - U.S. -, 133 S.Ct. 302, 184 L.Ed.2d 178 (2012).10 We review the government’s proffered race-neutral explanation as a legal issue de novo. United States v. Williams, 264 F.3d 561, 571 (5th Cir.2001).

Thompson has raised Batson challenges on all of the five black jurors struck. To succeed on his Batson challenge, however, he only needs to show that the prosecutor struck one juror on the basis of race.11

[297]*297We do not need to address whether Thompson has sufficiently established a prima facie case of discrimination. The government’s offer of race-neutral reasons removes that question from our review.12

Turning to Batson’s second step, for two of the five black jurors struck, the government justified its decision solely13 on its observations of the jurors’ demeanor during voir dire. For the other three black jurors, the government justified its decision to strike on both observations of demeanor and other perceived sources of bias toward the government. None of these justifications, on its face, invokes the juror’s race.14

Thus, moving to Batson’s third step, the question is whether, contrary to the district court’s finding, Thompson has proven that the government’s purported facially neutral reasons were pretexts for purposeful discrimination. At this step in the Batson analysis, “implausible or fantastic justifications may (and probably will) be found to be pretexts for purposeful discrimination.” Purkett v. Elem,

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Bluebook (online)
735 F.3d 291, 2013 WL 5988947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eugene-thompson-ca5-2013.