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United States of v. Styles Taylor and Keon

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ARGUED APRIL 27, 2010-DECIDEDMARCH9, 2011

Before ROVNER, WILLIAMS, and SYKES, Circuit Judges.

This case returns to us again on the issue of the prosecutor’s use of a peremptory strike against an African-American member of the jury pool. Styles Taylor and Keon Thomas, both African-American, were convicted of robbing and murdering the owner of a gun store in Hammond, Indiana. See 18 U.S.C. §§ 924(c) & (j), 1951. The victim was white. During jury selection, the defendants challenged the government’s use of peremptory strikes against several African-American jurors. See Batson v. Kentucky, 476 U.S. 79 (1986). The district court denied the Batson challenges, accepting the government’s proferred nonracial reason for the strikes. Twice we have remanded the case to the district court for further explanation of whether the prosecutor’s stated reason was credible with respect to one juror in particular. See United States v. Taylor, 509 F.3d 839, 841 (7th Cir. 2007) (“Taylor I”); United States v. Taylor, 277 F. App’x 610, 612-13 (7th Cir. 2008) (“Taylor II”).

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