US v. Parada: Parada and his codefendants were charged “with various racketeering offenses related to their alleged involvement with MS-13.” They objected to the Government’s strike of two Black potential jurors under Batson, but the district court concluded the Government had non-discriminatory reasons for the strikes. After deliberations began a juror contracted COVID, leading the district court to conclude the trial with only 11 jurors (over Parada’s objections). Parada and codefendants were convicted on nearly every charge against them with most ultimately receiving life sentences (except Parada, who received 50 years in prison).
On appeal, the Fourth Circuit affirmed Parada’s convictions. As to the Batson issue and “cognizant of our limited role at this juncture,” the court could not “discern any clear error on the record before us.” The explanations given by the Government for striking the jurors met the necessary standard, which does not require that they be “persuasive or plausible – just facially neutral.” As to proceeding with only 11 jurors, the court noted that both Rule 23(b) and precedent “explicitly permit the course of action taken by the district court” and nothing in the record showed its decision was an abuse of discretion.
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