United States v. Michael L. Johnson

BRORBY, Circuit Judge.

Michael L. Johnson (hereinafter Defendant) appeals his conviction and sentence for mail fraud and equity skimming. One issue in this appeal concerns whether the prosecution (hereinafter Government) violated Defendant’s Fifth Amendment rights because the Government excluded potential jurors who, like Defendant, are African-American (“black”). The remaining arguments in this appeal take exception to the federal district court’s application of the federal Sentencing Guidelines.

Before addressing the legal issues, a brief and generalized summary of the case is desirable.

I

Defen…