United States v. Ronald D. Ferguson

935 F.2d 862, 1991 U.S. App. LEXIS 12741, 1991 WL 105472
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 19, 1991
Docket89-2930
StatusPublished
Cited by50 cases

This text of 935 F.2d 862 (United States v. Ronald D. Ferguson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Ronald D. Ferguson, 935 F.2d 862, 1991 U.S. App. LEXIS 12741, 1991 WL 105472 (7th Cir. 1991).

Opinions

HARLINGTON WOOD, Jr., Circuit Judge.

Defendant Ronald D. Ferguson was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). He alleges that the prosecutor’s use of peremptory strikes to remove blacks from the jury violated Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Ferguson also appeals the enhancement of his sentence under 18 U.S.C. § 924(e). We affirm.

During the afternoon of April 28, 1988, two Chicago police officers responded to a call involving a disturbance outside a game [864]*864room. When the officers arrived on the scene they observed Ferguson placing something under the seat of the car in which he was sitting. A search of the car revealed a revolver under the passenger seat where Ferguson had been sitting and another revolver under the driver’s seat. Ferguson was then indicted for possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and the government filed a timely notice that it would seek an enhanced sentence under 18 U.S.C. § 924(e) in the event of Ferguson’s conviction. The jury found Ferguson guilty of felonious possession of a firearm and the trial judge imposed the minimum mandatory fifteen-year sentence prescribed by § 924(e).

We first address Ferguson’s argument that the government’s use of peremptory strikes constituted a violation of Batson. The Supreme Court held in Batson that the Equal Protection Clause grants defendants the right to be tried by a jury selected in a nondiscriminatory manner. 476 U.S. at 85-86, 106 S.Ct. at 1716-17. Under Batson, a defendant may establish a prima facie case of purposeful discrimination by showing that he is a member of a cognizable racial group, that the prosecutor has exercised peremptory strikes to remove venire members of the defendant’s race,1 and that “these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race.” Id. at 96, 106 S.Ct. at 1723.

Once the defendant establishes a prima facie case, the burden shifts to the government to provide a neutral explanation for its challenge to black jurors. Id. at 97, 106 S.Ct. at 1723. Although the prosecutor’s explanation must be “clear and reasonably specific” and set forth “legitimate reasons,” it need not “rise to the level justifying exercise of a challenge for cause.” Id. at 97-98, 106 S.Ct. at 1723-24. The Supreme Court also recognized that the trial judge's findings in this context will involve questions of credibility and those findings should be given “great deference.” Id. at 98 n. 21, 106 S.Ct. at 1724 n. 21. This circuit will therefore uphold a district court’s findings that the government’s challenges were based on nondiscriminatory criteria unless those findings are clearly erroneous. United States v. Briscoe, 896 F.2d 1476, 1487 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 173, 112 L.Ed.2d 137.

The government used four out of six potential challenges to strike black jurors, one to strike a hispanic, and left one strike unused. One alternate strike was used by the government to strike a white juror. Citing Batson, defense counsel objected to the strikes and argued that the government was using its peremptories to remove the prospective jurors because of their race. Finding that Ferguson had established a prima facie case of discrimination, the district court required the government to explain its reasons for exercising the challenges. Although the government does not concede on appeal that Ferguson established a prima facie case of discrimination, we need not dwell on this issue since the district court was correct in its conclusion that the government’s reasons for challenging the hispanic and black jurors were not racially motivated.

The government explained that the reason for striking Wyatt Kirk, a black male, was his youth and unemployment. Elizabeth Armstrong, a black female, was challenged due to her unemployment. Jose Villanueva, a hispanic male, testified during voir dire that he had been arrested for DUI and his license was suspended for one year. The government cited Villanueva’s unemployment and arrest as reasons for striking him from the jury. Ernest King, a black male, testified that his employment [865]*865was in “import and export world trade, as well as income tax and business consulting.” He also testified that he had been falsely accused of a crime, but was acquitted. In addition, his brother had recently been murdered in Miami. In light of King’s experience with the criminal justice system and his ambiguous employment status, the government exercised a peremptory challenge against him. Patricia Miller, a black female, was stricken because of her youth.

The gravamen of Ferguson’s argument is that a prospective juror’s youth and unemployment are not credible criteria for exercising peremptory challenges, but are merely pretexts for purposeful discrimination. Ferguson’s brief does not reveal the specific peremptory strikes he finds objectionable. Although a pattern of strikes against black jurors may be a factor in determining whether a defendant has established the initial prima facie case of discrimination, once the burden shifts to the government the strikes are evaluated on an individual basis and the prosecutor is required to give “clear and reasonably specific” racially neutral explanations for the challenges. Batson, 476 U.S. at 98 n. 20, 106 S.Ct. at 1724 n. 20. It is the striking of a single black juror for racial reasons that invokes the shelter of the Equal Protection Clause, even though other black jurors are impanelled.2 Briscoe, 896 F.2d at 1489; United States v. Battle, 836 F.2d 1084, 1086 (8th Cir.1987); United States v. David, 803 F.2d 1567, 1571 (11th Cir.1986). We will therefore examine each peremptory strike to determine whether the district court correctly found that the government did not engage in purposeful discrimination.

It is not clear whether Ferguson challenges the peremptory strikes exercised against prospective jurors Villanueva and King. Nevertheless, the government’s reservations concerning both Villanueva and King were well-founded in light of their previous experience with the criminal justice system — both men had been the subject of criminal prosecution. Prior encounters with the criminal justice system which might cause a juror to be hostile toward the government have been upheld as racially neutral explanations. Briscoe, 896 F.2d at 1488; United States v. Roan Eagle, 867 F.2d 436, 442 (8th Cir.), cert. denied, 490 U.S. 1028

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Bluebook (online)
935 F.2d 862, 1991 U.S. App. LEXIS 12741, 1991 WL 105472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ronald-d-ferguson-ca7-1991.