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Jaime Centeno v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-3279, 23-3282 · judgment February 5, 2026
Question presented
Under the third step of Batson v. Kentucky, 476 U.S. 79 (1986), a trial court must determine whether one party exercised a peremptory strike with a discriminatory intent. If a trial court legally errs at this step, every court of appeals except the Ninth Circuit remands for the lower correct to reconsider its decision under the correct legal standard. The Ninth Circuit, by contrast, believes it has the discretionary authority to conduct appellate fact-finding and “decide de novo” under a totality of the circumstances whether the strike was motivated by purposeful discrimination. United States v. Alvarez-Ulloa, 784 F.3d 558, 565-66 (9th Cir. 2015). The question presented is: If a trial court legally errs at step three of Batson, may an appellate court resolve the factual question of whether a party acted with discriminatory intent? prefix
Counsel of record
For petitioner
Cindy Vanessa Muro
Federal Defenders of San Diego, Inc.
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Aug 20 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 13 2026Waiver of right of respondent United States to respond filed.
- Jul 29 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2026)