Appellate court favors ex-FBI agent

Friday, August 31, 2012, Vol. 36, No. 35

NASHVILLE (AP) - A federal appeals court has ruled that the case of a former Nashville FBI agent convicted of wire and bankruptcy fraud deserves further examination after allegations of racial discrimination in the dismissal of two prospective jurors at his trial.

On Thursday, the 6th U.S. Circuit Court of Appeals said the case of Darin Lee McAllister should be sent back to district court to determine whether he should get a new trial.

McAllister was sentenced last year to four years in prison for wire and bankruptcy fraud related to his purchase of rental properties totaling more than $1.25 million.

He argues that the district court erred by not allowing him to challenge a prosecutor's decision to remove the only two prospective black jurors at his trial.