OPINION OF THE COURT
ROTH, Circuit Judge.
During the selection of the grand jury which indicted appellant, Thomas Ramseur, the assignment judge, through statements and actions, treated certain African-American members of the venire differently because of their race. There is, however, nothing in the record to indicate any actual exclusion from appellant's grand jury of African-American jurors on account of their race. This appeal requires us to address the...
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