United States v. Ricky Davis

ROSS, Senior Circuit Judge.

Ricky Davis was convicted by a jury of possession of a firearm by a felon (18 U.S. C.App. § 1202(a)(1)) and was sentenced to fifteen years imprisonment without parole. Davis now appeals that conviction arguing that the district court erred in finding that the government’s use of peremptory challenges to exclude black venire members from the jury panel did not violate the dictates of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

On April 30, 1986, following Davis’ trial and while his appeal was pending before this court, the Supreme Court…