United States v. Isaac James Tindle, A/K/A I.J.

MURNAGHAN, Circuit Judge:

This case was held in abeyance pending the Supreme Court's decision in Batson v. Kentucky, — U.S. —, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In view of the Supreme Court’s recent decision in that case, we remand for the district court to ascertain whether blacks were systematically excluded from the jury in violation of the Equal Protection Clause through the government's use of its peremptory challenges. Since there may be a retrial depending on the district court’s finding and since a number of other issues were raised we express our view respecting them to promote a…