Statement criticizing AUSA's racial remarks at trial

Justice Sotomayor issued a statement, joined by Justice Breyer, concurring in the Court's decision not to grant cert in Calhoun v. United States but criticizing the prosecutor for asking a witness, "You've got African-Americans, you've got Hispanics, you've got a bag full of money. Does that tell you--a light bulb doesn't go off in your head and say, 'This is a drug deal?'" The statement also criticizes the Government for failing to acknowledge the inappropriateness of the comment during subsequent appeals.