United States v. Marvin Jerome Horsley, Earl Howard McDonald

I

In this appeal, Marvin Jerome Horsley and Earl Howard McDonald challenge their convictions for possession of cocaine with intent to distribute, see 21 U.S.C. § 841(a)(1) (1982), on two grounds. One of the grounds is frivolous 1 and is not worthy of discussion. The other, based on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), has merit and requires that we remand the case to the district court for further proceedings.

The appellants, who are black, contend that during the selection of the jury that tried the case, the prosecutor purposefully discriminated against them…