United States v. Angela Breasher McFerron

OPINION

COLE, Circuit Judge.

Defendant-Appellant Angela Breasher McFerron (“McFerron”) challenges her 18 U.S.C. § 1623 conviction for perjury on the basis of the district court’s disposition of the government’s Batson challenges, raised in response to McFerron’s peremptory challenges to five white males on the venire panel. For the reasons that follow, we reverse McFerron’s conviction and remand for a new trial.

I

On September 6, 1995, McFerron’s husband, Kevin McFerron was tried in federal court on charges of drug trafficking and firearms violations. During the investigation of that case,…