UNITED STATES v. BRANSCOME

Nos. 82-5006, 82-5007.

682 F.2d 484 (1982)

UNITED STATES of America, Appellant, v. Henry S. BRANSCOME, Appellee. UNITED STATES of America, Appellant, v. Perry L. CARLTON, Jr., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1982.


Attorney(s) appearing for the Case

William G. Otis, Sp. Asst. U. S. Atty., Alexandria, Va. (Elsie L. Munsell, U. S. Atty., Alexandria, Va., Raymond A. Carpenter, Asst. U. S. Atty., Richmond, Va., on brief), for appellant.

William J. Murphy, Washington, D. C. (Vincent J. Fuller, Barry S. Simon, Williams & Connolly, Washington, D. C., Anthony F. Troy, Mays, Valentine, Davenport & Moore, Milton P. Miller, Elizabeth A. Flournoy, Richmond, Va., on brief), for appellee.

Before WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and RUSSELL, Circuit Judge.


PER CURIAM:

The district court dismissed two indictments because the grand jury which returned them was organized in violation of the Jury Selection and Service Act of 1968, as amended, 28 U.S.C. § 1861-76. The violation consisted of asking for volunteers to serve on the grand jury from the pool of prospective jurors who had been randomly selected. Each prospective juror who volunteered was permitted to serve,

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