Is there a prima facie case of purposeful discrimination by the prosecution in jury selection?

Whether the defendant established a prima facie case of purposeful discrimination is reviewable de novo. United States v. McConney, 728 F.2d 1195, 1203 (9th Cir.) (en banc) cert. denied, 469 U.S. 824 (1984). To establish a prima facie case of purposeful discrimination by the prosecution in jury selection, the defendant must show that (1) he is a member of a cognizable racial group; (2) the group's members have been excluded from the defendant's jury; and (3) these facts and any other relevant circumstances raise an inference the exclusion was based on race. Batson, 476 U.S. at 96 (prima facie case established where all four black persons on the venire were excluded); United States v. Alcantar, 832 F.2d 1175, 1179 (9th Cir.1987) (prima facie case established where all Hispanic jurors--two from the petit jury and one from the group of alternatives--were excluded).

In the case at bar, the mere striking of one of two black jurors does not raise the necessary inference of purposeful discrimination. See Batson, 476 U.S. at 97 ("a 'pattern' of strikes against black jurors included in the particular venire might give rise to an inference of discrimination"); United States v. Lewis, 837 F.2d 415 (9th Cir.) cert. denied, 109 S.Ct. 304 (1988) (no prima facie case of purposeful discrimination established where the prosecutor exercised one of her nine peremptory challenge to remove one of two black members of the jury panel in a case against a black defendant, where the remaining black member of the panel sat on the jury).