United States v. Frankie Sanders , 470 F. App'x 380 ( 2012 )

Case: 11-20354 Document: 00511851261 Page: 1 Date Filed: 05/10/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 10, 2012
No. 11-20354
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FRANKIE L. SANDERS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-159-1
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Frankie L. Sanders appeals his conviction of embezzlement of union funds
in violation of 29 U.S.C. § 501(c), for which he was sentenced to 18 months of
imprisonment and $10,078.40 of restitution. He argues that the district court
erred in overruling his objection, based on Batson v. Kentucky, 476 U.S. 79(1986), that the Government’s decision to strike one of the prospective jurors was
racially motivated. However, we have held that a defendant waives appellate
review of a Batson claim by failing to dispute the prosecution’s race-neutral
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 11-20354 Document: 00511851261 Page: 2 Date Filed: 05/10/2012
No. 11-20354
explanation for striking the prospective juror. United States v. Arce, 997 F.2d
1123, 1126-27 (5th Cir. 1993). By failing to dispute the Government’s
explanations, Sanders appeared to acquiesce in them. See id. at 1127.
AFFIRMED.
2