U.S. v. Lovies

In prosecution on kidnapping, carjacking and brandishing firearm during and related to crime of violence charges, Dist. Ct. did not err in denying defendant’s Batson challenge to prosecutor’s use of peremptory challenge against African-American prospective juror, even though defendant asserted that prosecutor executed said peremptory challenge on account of juror’s race. Prosecutor explained that he used peremptory challenge because juror appeared to be sleeping during proceedings, and Dist. Ct. found that said race-neutral explanation was plausible, and that prosecutor was credible. Dist. Ct.’s credibility findings were owed great deference, and Dist. Ct.’s findings were not clearly erroneous. Fact that Dist. Ct. did not witness juror sleeping did not require different result. Record also supported Dist. Ct.’s imposition of 388-month term of incarceration, even though defendant challenged finding that he qualified for two enhancements for use of minor in commission of charged offenses and for defendant’s leadership role. Video evidence supported finding that defendant and minor committed charged offenses together, and that defendant had recruited individuals and directed others during crime spree, as well as initiated plan for said crimes.