UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10469
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MOSES RAMIREZ,
Defendant-Appellant.
Appeal from the United States District Court
For the Northern District of Texas
(3:96-CR-388-H)
June 30, 1998
Before POLITZ, Chief Judge, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Moses Ramirez, convicted in a jury trial of possession with intent to
distribute heroin,1 timely appeals. His sole contention on appeal is that the
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
1
21 U.S.C. §§ 841(a)(1), 846.
prosecution committed a Batson2 violation by striking from the jury panel the only
two black members. Our review of the record and briefs persuades that the district
court did not err in its rejection of Ramirez’s objection to the government’s use of
peremptory challenges on these two members of the jury venire. 3
The conviction and sentence are AFFIRMED.
2
Batson v. Kentucky, 476 U.S. 79 (1986).
3
See Palmer v. Lares, 42 F.3d 975 (5th Cir. 1995); United States v. Pofahl, 990 F.2d
1456 (5th Cir. 1993); United States v. Moreno, 878 F.2d 817 (5th Cir. 1989).
2