United States v. Yepiz, No. 09-50574 (9th Cir. 2012)
Annotate this CaseDefendant was convicted of racketeering and violence in aid of a racketeering enterprise. Although Defendant was entitled to exercise ten peremptory challenges, he was unable to do so because of a "use it or lose it" voir dire practice followed by the district court. The Ninth Circuit Court of Appeals affirmed the convictions, holding (1) the district court's "use it or lose it" practice impermissibly deprived Defendant of two of the peremptory challenges to which he was entitled; but (2) under plain error review, reversal of Defendant's convictions was not warranted, as Defendant failed to demonstrate that the judicial proceedings were seriously affected by the district court's error.
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