United States Second Circuit

Following remand for findings required by Batson, where the magistrate judge was unable to make any findings as to the credibility of the government's stated reasons for challenging two African-American jurors, defendants' convictions are vacated and the case remanded for a new trial.

Appellate Information

• Decided 02/19/2003
• Published 02/19/2003

Judges

• JACOBS, Circuit Judge., Before:  KEARSE, JACOBS, KEITH , Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bernard H. Udell, Brooklyn, New York, for Appellant Johnson., Richard Ware Levitt, New York, New York, for Appellant Thomas.


• For Appellees:
  
• Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, David C. James and Cecil C. Scott, Assistant United States Attorneys, Brooklyn, New York, on the brief, for Appellee.