What is the test for a claim of discrimination against the federal government for striking all but one Hispanic juror from a jury?

Defendants argue that the government violated their equal protection rights by exercising four peremptory challenges to strike all but one Hispanic from the panel. Batson v. Kentucky, 476 U.S. 79 (1986). The remaining Hispanic panel member served on the jury. The government used the remainder of its nine peremptories to challenge non-Hispanic jurors.

To establish a claim of discriminatory jury selection, defendants must first establish a prima facie case of purposeful discrimination. United States v. Chinchilla, 874 F.2d 695, 697 (9th Cir.1989). The defendant must show (1) that he is a member of a cognizable racial group; (2) that the prosecutor used peremptory challenges to exclude members of that racial group; and (3) that the circumstances raise an inference that the prosecutor was acting on the basis of race. Id. If the defendant makes this showing, the burden shifts to the prosecutor, who must be able to articulate a race-neutral reason for striking the juror. Id.