United States Seventh Circuit

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US v. Stephens, 06-2892

A decision on remand granting defendant a new trial based on a Batson challenge is reversed, his convictions for wire fraud reinstated and affirmed, and the matter remanded for resentencing where: 1) the district court failed to conduct all three steps of the Batson analysis on remand, and instead revisited only step one of the analysis and went no further; and 2) upon review, the record reveals no Batson violation.

Appellate Information

  • Argued 05/24/2007
  • Decided 01/31/2008
  • Published 01/31/2008

Judges

  • KANNE, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Edmond E. Chang (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Barry Levenstam, Irina Dmitrieva (argued), Jenner & Block, Chicago, IL, for Defendant-Appellee.
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