USA v. Nabila Mahbub

Filing

OPINION and JUDGMENT filed : The district court s denial of Mahbub s Batson challenge is REVERSED, and the case is REMANDED to the district court for a proper determination of whether there is an inference that the government engaged in purposeful discrimination, and, if so, the district court must proceed to the subsequent steps of the Batson inquiry to determine whether a new trial is warranted. IT IS FURTHER ORDERED that the district court is AFFIRMED in every other respect. Decision for publication. Damon J. Keith (AUTHORING), Eric L. Clay, and Jane Branstetter Stranch, Circuit Judges.

Case: 14-1499

Document: 40-3

Filed: 03/29/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 14-1499

FILED

UNITED STATES OF AMERICA,
Plaintiff - Appellee,

Mar 29, 2016
DEBORAH S. HUNT, Clerk

v.
NABILA MAHBUB,
Defendant - Appellant.
Before: KEITH, CLAY, and STRANCH, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s denial of Mahbub’s
Batson challenge is REVERSED, and the case is REMANDED to the district court for a proper
determination of whether there is an inference that the government engaged in purposeful discrimination,
and, if so, the district court must proceed to the subsequent steps of the Batson inquiry to determine
whether a new trial is warranted. IT IS FURTHER ORDERED that the district court is AFFIRMED in
every other respect.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk