United States of America, Appellee, v. Grady Dominic Cunningham, Appellant, 814 F.2d 655 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 814 F.2d 655 (4th Cir. 1987) Argued May 9, 1986. Decided March 17, 1987



Appeal from the United States District Court for the Middle District of North Carolina, at Rockingham. Frank W. Bullock, Jr., District Judge. (CR-84-203-01-R).

Before HALL, SPROUSE and WILKINSON, Circuit Judges.

John A. Dusenbury, Jr. (Smith, Patterson, Follin, Curtis, James & Harkavy, on brief), for appellant.

Paul A. Weinman, Assistant United States Attorney (Kenneth W. McAllister, United States Attorney; Becky M. Strickland, Paralegal Specialist, on brief), for appellee.


Grady Cunningham was convicted of bank robbery in violation of 18 U.S.C. § 2113(a). He was sentenced to eight years for his offense.

Cunningham contends that the prosecutor's selection of the jury was racially motivated. This court held the case pending the Supreme Court's decision in Griffith v. Kentucky, 107 S. Ct. 708 (1987), which addressed the retroactive application of Batson v. Kentucky, 106 S. Ct. 1712 (1986). In Griffith, the Supreme Court held that Batson was applicable to cases on direct appeal. 107 S. Ct. 716. Therefore, we remand this case to the district court for reconsideration of appellant's contention in light of Batson.

We find no merit in appellant's remaining assignments of error. The case is remanded for further proceedings in accordance with this opinion.