United States Seventh Circuit

Conviction for firearms possession is remanded for further findings where: 1) the district court erred in denying defendant's Batson challenge without making findings regarding the credibility of the proffered race-neutral justification for striking a juror; and 2) prosecutor's statements did not constitute plan error requiring a reversal, as they did not affect the fairness of the trial. Sentence is reversed and remanded where the district court based the sentence on an erroneous factual finding.

Appellate Information

• Argued 01/16/2009
• Decided 03/19/2009
• Published 03/19/2009

Judges

• FLAUM, Circuit Judge., Before BAUER, FLAUM, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Gordon P. Giampietro, Attorney, Michelle L. Jacobs, Attorney, James L. Santelle, Attorney (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Douglas G. Smith, Attorney (argued), Kirkland & Ellis, Chicago, IL, for Defendant-Appellant.