United States v. Jimmie L. Wilson

BRIGHT, Senior Circuit Judge.

Jimmie L. Wilson, a black male, in appealing from a judgment of his criminal conviction attacks the district court’s determination that the Government did not violate the dictates of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The district court held that the Government had rebutted Wilson’s prima facie case of race discrimination in the selection of the jury panel in his criminal prosecution. After en banc consideration,1 we hold that the Government failed to rebut Wilson’s prima facie case of purposeful race discrimination because it…