United States v. McAllister, No. 11-5932 (6th Cir. 2012)
Annotate this CaseMcAllister, a former FBI agent, was charged with making material misrepresentations on loan documents to obtain real estate loans for rental properties, and making material misrepresentations on official documents during bankruptcy proceedings. At trial he raised a Batson challenge to the government’s peremptory strike of two African-Americans in the jury pool. The government offered race-neutral reasons for striking the jurors: one had a conviction; the other was unemployed and had a military background so that he might be sympathetic to the defendant. The district court summarily accepted those reasons, by stating, “All right.” The court also excused a defense witness who had notified the court of his intention to invoke the Fifth Amendment in response to all questions asked by the defense. McAllister was convicted of 15 counts of wire fraud, 18 U.S.C. 1343, and three counts of bankruptcy fraud, 18 U.S.C. 151(3). The Sixth Circuit affirmed in part, rejecting claims of prosecutorial and judicial misconduct and challenges to evidentiary rulings, but remanding for findings concerning racial animosity that might entitle McAllister to a new trial.
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