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UNITED STATES v. PEREZ-HERNANDEZ

No. 80-5165.

672 F.2d 1380 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Mario PEREZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 15, 1982.

Attorney(s) appearing for the Case

James J. Hogan, Joseph Mincberg, Miami, Fla., John R. Martin, Atlanta, Ga., for defendant-appellant.

David Kairys, Philadelphia, Pa., Charles Stephen Ralston, NAACP Legal Defense and Educational Fund, Inc., New York City, for amici curiae.

Atlee W. Wampler, III, U. S. Atty., Barbara D. Schwartz, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Washington, D.C., for plaintiff-appellee.

Before MORGAN, VANCE and KRAVITCH, Circuit Judges.

PER CURIAM:

This appeal challenges the selection of federal grand jury foremen by district judges in the Southern District of Florida between 1974 and 1978. Appellant argues that his indictment should have been dismissed because women and blacks were unconstitutionally excluded from serving as foremen. His claim is based on two separate grounds. First, he contends that the Sixth Amendment and the Jury Selection and Service Act of 1968, 28 U.S.C. § 1861, et...

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