United States v. Frankie Sanders

470 F. App'x 380

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 10, 2012
• Docket: 11-20354
• Status: Unpublished

Opinion

PER CURIAM: *

Frankie L. Sanders appeals his conviction of embezzlement of union funds in violation of 29 U.S.C. § 501(c), for which he was sentenced to 18 months of imprisonment and $10,078.40 of restitution. He argues that the district court erred in overruling his objection, based on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), that the Government’s decision to strike one of the prospective jurors was racially motivated. However, we have held that a defendant waives appellate review of a Batson claim by failing to dispute the prosecution’s race-neutral explanation for striking the prospective juror. United States v. Arce, 997 F.2d 1123, 1126-27 (5th Cir.1993). By failing to dispute the Government’s explanations, Sanders appeared to acquiesce in them. See id. at 1127.

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.