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CaGade20-rr-0028540APAC DOnouraigd Fikeda22e21 PaBadg? bf 20 20 alleged exclusion here (e.g. people moving) is an external force.” Rioux, 97 F.3d at 658. Accordingly, this argument must be rejected under Rioux." See id. In sum, Schulte cannot establish the second and third elements under Duren. Accordingly, his fair cross-section challenge under the Sixth Amendment and J SSA must be rejected. i. Equal Protection Challenge Schulte next contends that the underrepresentation of African American and Hispanic American jurors violates the Equal Protection clause under the Fifth Amendment. (Schulte Br. at | 16-17.) As noted above, the Equal Protection clause forbids the exclusion of racial minorities from grand and petit juries. Castaneda, 430 U.S. at 492. But to establish a prima facie violation of equal protection, Schulte must furnish “proof of discriminatory intent.” United States v. Biaggi, 909 F.2d 662, 677 (2d Cir. 1990). Because Schulte cannot make such a showing, his Equal Protection challenge fails. His only contention on this element is that the underrepresentation of African Americans and Hispanic Americans “cannot be the result of ° Under New York law, voters are designated “inactive” when a “County Board received information indicating that a voter may no longer be living at her address of registration.” Common Cause/New York v. Brehm, 432 F. Supp.3d 285, 290 (S.D.N.Y. 2020) (examining New York voting law). 10 The Court is unpersuaded by Schulte’s remaining allegations of systematic exclusion, which are that (1) jurors drawn from the overlapping counties were inequitably prorated between the two courthouses, and (2) a technical glitch in the White Plains master wheel excluded jurors who had provided an alternative address when registering to vote. As to the former claim, Schulte has not shown that this alleged error caused the underrepresentation at issue. See Allen, 2021 WL 431458, at *11 (finding same error to have had “minimal” effect on venires). And as to the latter claim, the parties concede that this glitch actually augmented, not diminished, African American and Hispanic American representation in the White Plains master wheel. (Gov't Opp. Br. at 17.) Accordingly, these allegations do not satisfy the third prong under Duren. 17 DOJ-OGR- 00002838