United States v. Hernan Pulgarin

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 investigations of heavy equipment operators suspected of trafficking in cocaine.

Appellant’s trial counsel then said, “I only…