Baxter v. United States

SCHWELB, Associate Judge:

Andre L. Baxter was convicted by a jury of unlawful possession of cocaine with intent to distribute it, in violation of D.C.Code § 33-541(a)(1) (1992). On appeal, Baxter contends that the prosecutor peremptorily challenged potential jurors on the basis of age and sex, allegedly in violation of Baxter’s constitutional and statutory rights. Cf. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We affirm.

I

Voir dire in Baxter’s second trial 1 began on the afternoon of August 21, 1990. After the judge had dismissed several venire members for cause, the…