United States v. David Booker

STEVENS, Circuit Judge.

A jury composed of five black and seven white persons found defendant, a black, guilty of violating 21 U.S. C. § 841(a)(1). In his conduct of the voir dire, the trial judge committed error by refusing to interrogate prospective jurors on the subject of possible racial prejudice. The government contends that the error was harmless because the evidence of guilt is overwhelming and five of the jurors were black. We disagree.

In Chase v. United States, 468 F.2d 141, 147 (7th Cir. 1972), we held that the possibility of prejudice from a relatively minor omission from the voir…