U.S. v. Watkins, et. al.

Defendants in a prior appeal argued that the government had violated Batson v. Kentucky by using peremptory strikes to remove the only two non-white individuals from the panel of prospective jurors. The Seventh Circuit found that the district court misapplied Batson’s three-step inquiry and remanded for the limited purpose of employing the correct process to the defendant’s objections to the government’s use of its peremptory strikes. On remand, the district court revisited its analysis, made additional findings, and again concluded that the government had not utilized its peremptory challenges in a racially discriminatory manner and defendants appealed. The Seventh Circuit reviewed the district court’s findings for clear error, found none, and affirmed. The appellate court explained that where the government offered race-neutral reasons for using its peremptory strikes and where the district court found those reasons to be credible, the district court’s conclusion was not clearly erroneous. (ROVNER, concurring and JACKSON-AKIWUMI, dissenting)