United States v. Hampton, No. 16-3971 (8th Cir. 2018)
Annotate this CaseDefendant, an African-American man, was convicted of being a felon in possession of a firearm. The Eighth Circuit affirmed the district court's partial denial of his Batson v. Kentucky challenge to the government's use of peremptory strikes against two African-American potential jurors. The court held that the government gave legitimate, race-neutral justifications for striking a juror based on her non-responsiveness to questioning during voir dire, body language, and unwillingness to make eye contact. Another panel of this court held while this appeal was pending, that burglary convictions under Ark. Code Ann. Sec. 5-39-201(a) did not qualify as violent felonies under the Armed Career Criminal Act (ACCA). Therefore, the court also affirmed defendant's sentence and rejected the government's argument that defendant should have been sentenced under the ACCA.
Court Description: Kelly, Author, with Smith, Chief Judge, and Erickson, Circuit Judge] Criminal case - Criminal law and Sentencing. Defendant's Batson challenge rejected; the government gave legitimate, race-neutral justifications for striking a juror, i.e., her non-responsiveness to questioning during voir dire, body language and unwillingness to make eye contact; with respect to the government's cross-appeal, while this matter was pending, another panel of this court held that convictions under Ark. Code Ann. Sec. 5-39-201(a) do not qualify as violent felonies under the ACCA, see Sims v. United States, 854 F.3d 1037 (8th Cir. 2017), and the district court did not err in determining defendant did not qualify for ACCA sentencing.
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