U.S. v. Johnson

In prosecution on drug distribution and firearms charges, Dist. Ct. did not err in denying defendant’s request to question prosecutor on his use of two peremptory challenges against female venirepersons, where defendant made request to ensure that prosecutor was not using said challenges on basis of gender, and where Dist. Ct. noted that prosecutor had also used challenges to excuse three male venirepersons. Defendant failed to establish any prima facie case of gender discrimination so as to require prosecutor to give any reason for his use of challenges. Fact that prosecutor eventually gave reasons for using said challenges did not obligate Dist. Ct. to evaluate said reasons. Dist. Ct. erred, though, in imposing as special condition of supervised release defendant’s participation in sexual treatment program, where Dist. Ct. failed to give reason for said condition, and where defendant’s 1997 misdemeanor conviction for criminal sexual abuse was unrelated to section 3553(a) factors used by Dist. Ct. to determine sentence for current offense.