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U.S. v. PULGARIN

No. 88-1400.

955 F.2d 1 (1992)

UNITED STATES, Appellee, v. Hernan PULGARIN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Jonathan M. Feigenbaum with whom Richard M. Passalacqua, Boston, Mass., was on brief, for defendant, appellant.

George W. Vien, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

At a bench conference during the voir dire in defendant's trial on cocaine distribution charges, the prosecutor exercised a peremptory challenge to exclude a prospective juror, one Belmiro Barros, Jr. The judge noted that, like defendant, the prospective juror apparently was Hispanic. The prosecutor immediately explained that the government had challenged Barros because he was a heavy equipment operator and there were a number of ongoing...

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