Whether the striking of two out of three black veniremembers demonstrates a 'pattern of discrimination' as necessary to satisfy the first step of the inquiry pursuant to Batson v. Kentucky, 476 U.S. 79 (1986)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the striking of two out of three black veniremembers demonstrates a “pattern of discrimination” as necessary to satisfy the first step of the inquiry pursuant to Batson v. Kentucky, 476 U.S. 79 (1986). 2. Whether the calculation of United States Sentencing Guidelines — which is based on acquitted conduct — violates the Sixth Amendment to the Constitution “as applied” to the Petitioner’s case because the sentence imposed by the district court fell above the range permitted based solely on the conduct found beyond a reasonable doubt by the jury (i.e., whether this Court’s holding in United States v. Watts, 519 U.S. 148 (1997), is still good law). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii