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UNITED STATES v. LAYTON

No. CR-80-416 RFP.

519 F.Supp. 946 (1981)

UNITED STATES of America, Plaintiff, v. Laurence John LAYTON, Defendant.

United States District Court, N. D. California.

June 24, 1981.

Attorney(s) appearing for the Case

G. William Hunter, U. S. Atty., San Francisco, Cal., Alan J. Sobol, Sp. Asst. U. S. Atty., Dept. of Justice, Crim. Div., Washington, D. C., Robert L. Dondero, Michael D. Nerney, Stanford Svetcov, Asst. U. S. Attys., San Francisco, Cal., for plaintiff United States.

James F. Hewitt, Federal Public Defender, Frank O. Bell, Jr., Chief Asst., Federal Public Defender, Tony Tamburello, San Francisco, Cal., for defendant Laurence John Layton.

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

The defendant Laurence Layton moves to dismiss the indictment on the ground that the procedures employed to select the members of the grand jury which indicted him are constitutionally and statutorily defective.

The defendant was indicted on October 9, 1980, by Grand Jury No. 80-6. The foreman of that grand jury was a white male, as is Mr. Layton. The grand jury had been impanelled on September 10, 1980...

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