United States v. Brown, No. 14-3652 (7th Cir. 2016)
Annotate this CaseBrown was arrested after making a controlled purchase of heroin. Police found Brown at his residence with more than 100 grams of heroin, a loaded semi-automatic pistol, drug trafficking items, and more than $4,000 in cash. During interrogation, Brown admitted on videotape that he possessed both the heroin and the firearm. Brown was charged with possession of 100 grams or more of heroin with intent to distribute, 21 U.S.C. 841 and with possession of a firearm by a felon, 18 U.S.C. 922(g)(1). During jury selection, the government used a peremptory strike to remove one of the two African-American members of the venire. Brown unsuccessfully objected under Batson v. Kentucky. Brown was convicted. The Seventh Circuit affirmed, agreeing that the government proffered a race-neutral justification for the strike in stating that the juror’s response to a question about arrests indicated potential bias against law enforcement.
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