United States v. Deborah A. Brown

CALABRESI, Circuit Judge.

Defendant Deborah Brown appeals from a conviction, entered in district court for the Northern District of New York (Mordue, J.), for mail fraud and conspiracy to defraud the United States Department of Health and Human Services (HHS). She argues that the prosecutor exercised a peremptory challenge against a black venire member on the basis of race, in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In the alternative, she contends that the prosecutor contravened Batson’s principles, and those of subsequent cases, by basing that same…