2023 Supreme(US)(ca7) 276
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
United States – Appellant
Versus
Carlo Payne – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ Nos. 21-1521, 21-2618, & 21-2689 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ERIC BARD, CARLO PAYNE, and ANTONIO MCCLURE, Defendants-Appellants. ____________________
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:19-cr-00029-JRS-DML — James R. Sweeney II, Judge. ____________________
ARGUED NOVEMBER 28, 2022 — DECIDED JULY 10, 2023 ____________________
Before ROVNER, ST. EVE, and KIRSCH, Circuit Judges.
KIRSCH, Circuit Judge. In early 2018, law enforcement be-
gan investigating an Indianapolis drug trafficking organiza-
tion led by Jshaun Trice. The investigation led to the indict-
ments of Trice and over twenty of his associates for crimes
including drug conspiracy, possession, and distribution. An-
tonio McClure and Carlo Payne, two of Trice’s associates,
were arrested following a drug surveillance operation on
2 Nos. 21-1521, 21-2618, & 21-2689 October 21, 2018. Law enforcement intercepted a phone call
between McClure and Trice during which they spoke in
coded language suggestive of a drug deal. Officers later ob-
served McClure and Payne meet with Trice and pursued
Payne in a high-speed chase during which he threw a sock
containing 214.2 grams of methamphetamine out of his car
window. Payne and McClure later discussed these events in
detail on a recorded jail call. Both were charged as part of the
drug conspiracy and with purchasing 50 grams or more of
methamphetamine from Trice for the purpose of distribution,
in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A)(viii).
The government eventually dropped the conspiracy charge as
to McClure and Payne. Both defendants went to trial on the
remaining count and were convicted of possession of meth-
amphetamine with intent to distribute.
McClure and Payne raise three categories of arguments on
appeal. First, they argue that the government impermissibly
struck a Black potential juror in violation of Batson v. Kentucky,
This appeal also involves a third Trice associate, Eric Bard,
who pleaded guilty to distribution of 50 grams or more of
methamphetamine. See 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii).
The district judge sentenced him to 262 months, the very bot-
tom of his Sentencing Guidelines range. Bard argues on ap-
peal that his sentence is substantively unreasonable. We disa-
gree, and thus affirm his sentence too.
I
A
We begin with McClure and Payne’s Batson argument. We
defer to a district court’s Batson findings and review those
findings only for clear error. United States v. Jones, 56 F.4th 455,
477 (7th Cir. 2022). “Unless we arrive at a definite and firm
conviction that a mistake has been made,” we will affirm. Id.
(cleaned up). As opponents o