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U.S. v. ESPARSEN

Nos. 90-2043, 90-2054, 90-2059.

930 F.2d 1461 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony ESPARSEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kelly ESPARSEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert McFADDEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 18, 1991.

Attorney(s) appearing for the Case

Stephen P. McCue, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant Anthony Esparsen.

Paul J. Kennedy, Albuquerque, N.M., for defendant-appellant Kelly Esparsen.

Vicki Mandell-King, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colo., for defendant-appellant Robert McFadden.

Robert J. Gorence, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and James D. Tierney, Asst. U.S. Atty., with him on the briefs), Albuquerque, N.M., for plaintiff-appellee U.S.

Before LOGAN and MOORE, Circuit Judges, and SPARR, District Judge.

JOHN P. MOORE, Circuit Judge.

Defendants Anthony Esparsen, Kelly Esparsen, and Robert McFadden appeal their jury convictions, in the United States District Court for the District of New Mexico, on multiple counts involving cocaine distribution. We consolidate the three cases into one opinion because of some overlap in the issues. Initially, all three defendants complain that the prosecution exercised its peremptory challenges in a prima facie discriminatory manner...

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