United States v. Alonzo Houston

COX, Circuit Judge:

We consider in this appeal the issue of racial discrimination in jury selection, applying Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and its progeny. We also consider whether there was constitutional or statutory error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We affirm the convictions, vacate the sentences, and remand for resentencing.

I. Background

Alonzo Houston (“Houston”) was charged with armed robbery of a credit union, in violation of 18 U.S.C. § 2113(a) and (d) (“Count I”), brandishing a firearm…