United States v. Steven Roseboro

Court of Appeals for the Eleventh Circuit·Decided May 5, 2026·No. 24-13264·Unpublished

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

No. 24-13264

Non-Argument Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

STEVEN TODD ROSEBORO, Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 1:23-cr-00182-RAH-SMD-1

Before NEWSOM, BRASHER, and MARCUS, Circuit Judges. PER CURIAM:

Courtney Roseboro appeals his convictions for possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and committing an offense while on release, in

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violation of 18 U.S.C. § 3147. On appeal, Roseboro argues that: (1) the district court erred in denying his motion challenging the composition of the jury venire as violating either the fair cross-section requirement of the Sixth Amendment or the principles of the Jury Selection and Service Act (“JSSA”); (2) the court erred by concluding that he failed to establish a prima facie case of discrimination from the government’s use of its peremptory strikes; (3) the evidence at his trial was insufficient to support his § 922(g)(1) conviction ; and (4) § 922(g)(1) is unconstitutional in violation of the Second Amendment. After thorough review, we affirm.

I.

We review de novo constitutional challenges to the jury selection process. United States v. Grisham, 63 F.3d 1074, 1077 (11th Cir. 1995). We review the denial of a challenge under Batson v. Kentucky , 476 U.S. 79 (1986), for clear error. United States v. Robertson , 736 F.3d 1317, 1324 (11th Cir. 2013). However, we review errors of law in the application of Batson de novo. United States v. Allen-Brown, 243 F.3d 1293, 1296 (11th Cir. 2001). We also review de novo whether the evidence was sufficient to sustain a conviction . United States v. Davis, 854 F.3d 1276, 1292 (11th Cir. 2017).

Finally, we review de novo challenges to the constitutionality of a statute. United States v. Dubois (Dubois II), 139 F.4th 887, 890 (11th Cir. 2025), cert. denied, (U.S. Jan. 20, 2026) (No. 25-6281). But when a constitutional claim is raised for the first time on appeal, we review for plain error. United States v. Hughes, 840 F.3d 1368, 1385 (11th Cir. 2016). To establish plain error, the defendant must

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show (1) an error, (2) that is plain, and (3) that affected his substantial rights. United States v. Turner, 474 F.3d 1265, 1276 (11th Cir. 2007). If the defendant satisfies these conditions, we may exercise our discretion to recognize the error only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. Id.

Under the prior precedent rule, we are “bound to follow a prior panel’s holding unless and until it is overruled or undermined to the point of abrogation by an opinion of the Supreme Court or of this Court sitting en banc.” United States v. Gillis, 938 F.3d 1181, 1198 (11th Cir. 2019). We’ve “categorically reject[ed] any exception to the prior panel precedent rule based upon a perceived defect in the prior panel’s reasoning or analysis as it relates to the law in existence at that time.” Smith v. GTE Corp., 236 F.3d 1292, 1303 (11th Cir. 2001).

II.

First, we are unpersuaded by Roseboro’s claim that the district court erred in denying his motion challenging the composition of the jury venire. The Sixth Amendment guarantees a criminal defendant the right to be tried by juries drawn from a fair cross- section of the community. Grisham, 63 F.3d at 1078. However, there is no requirement that the chosen jury mirror the community and reflect the various distinctive groups in the population. United States v. Green, 742 F.2d 609, 611 (11th Cir. 1984). To establish a prima facie case that a jury selection process does not produce a “fair cross-section” of the community, a defendant must show that: (1) the group alleged to be excluded is a distinctive group in the

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community; (2) representation of the group in venires is not fair and reasonable in relation to the number of such persons in the community; and (3) the underrepresentation is due to systemic exclusion of the group in the jury-selection process. Duren v. Missouri, 439 U.S. 357, 364 (1978). Failure to establish any one of these elements results in the failure of the entire Sixth Amendment claim. See United States v. Carmichael, 560 F.3d 1270, 1280 (11th Cir. 2009).

To determine whether a distinctive group’s representation is fair and reasonable, we compare the difference between the percentage of the distinctive group among the population eligible for jury service and the percentage of the distinctive group in the jury pool. Id. If the absolute disparity between these percentages is 10% or less, Duren’s second element is not met. Grisham, 63 F.3d at 1079. We compare the venire’s community to the federal judicial district or division from which jurors are drawn. Id. at 1079–80.

The JSSA also protects the “right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes.” 28 U.S.C. § 1861. Procedures for selecting names from these sources should “ensure the random selection of a fair cross section of the persons residing in the community.” Id. § 1863(b)(3). The JSSA provides remedies only for “substantial failure[s] to comply” with its provisions . Id. § 1867(d). JSSA violations are substantial if they thwart one of the Act’s foundational principles: “(1) random selection of juror names; (2) from a fair cross-section of the community; and (3)

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use of objective criteria for determination of disqualifications, excuses , exemptions, and exclusions.” Carmichael, 560 F.3d at 1277.

Notably, the same analysis used for Sixth Amendment fair cross-section violations applies to JSSA fair cross-section violations. Id. at 1278. The randomness requirement “does not require statistical randomness but rather requires a system of selection that affords no room for impermissible discrimination against individuals or groups.” Id. at 1277 (citation modified). The objectivity requirement bans jury selection based on subjective standards that “result or are likely to result in discrimination, or which fail to produce juries representing a fair cross section of the community,” including standards of “good character, approved integrity, sound judgment and fair education.” Id. at 1277–78 (citation modified). “[S]ubstantial” violations of the JSSA result in “a significant impact on the composition of an average jury.” United States v. Henderson, 409 F.3d 1293, 1306 (11th Cir. 2005) (citation modified).

Here, Roseboro raises a violation of the Sixth Amendment based on his claim that the jury for his trial contained one black juror despite black people comprising 21.3% of the population of the Southern Division of the United States District Court for the Middle District of Alabama. However, Roseboro did not meet his burden of showing a lack of fair and reasonable representation in his challenge to the composition of the jury venire because he did not show that the absolute disparity between the percentage of black people among the population eligible for jury service and the percentage of black people in the qualified jury pool was more than

6 Opinion of the Court 24-13264

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