UNITED STATES OF AMERICA v. JAYLAN MILES RA SHAWN GORE - Articles

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Posted by: Azya Thornton on Oct 8, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Keith A. Yeazel, Columbus, Ohio, for Appellant. Charles L. McCloud, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Attorneys 2: ON BRIEF: Keith A. Yeazel, Columbus, Ohio, for Appellant. Mary Beth Young, UNITED STATES ATTORNEY’S OFFICE, Columbus, Ohio, for Appellee.

Judge(s): GILMAN, STRANCH, and LARSEN, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Columbus

LARSEN, Circuit Judge. Jaylan Gore was charged with possessing a stolen firearm, in violation of 18 U.S.C. § 922(j), and with receiving a firearm while under felony indictment, in violation of 18 U.S.C. § 922(n). Gore moved to dismiss the indictment on the ground that § 922(j) and (n) violate the Second Amendment. The district court denied the motion, and Gore’s case went to trial. During voir dire, Gore raised a Batson challenge to the prosecutor’s peremptory strike of the last black juror on the panel. The district court rejected that challenge after finding that the prosecutor’s motivations were race neutral. The jury convicted on both counts, and the district court sentenced Gore to 18 months’ imprisonment. For the reasons that follow, we AFFIRM.

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