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UNITED STATES v. GOMETZ

No. 82-2460.

730 F.2d 475 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Randy K. GOMETZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Reargued January 19, 1984.

Decided March 12, 1984.

As Amended March 13, 1984.

Attorney(s) appearing for the Case

Robert C. Babione, St. Louis, Mo., for defendant-appellant.

Clifford Proud, Asst. U.S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, and PELL, BAUER, WOOD, CUDAHY, ESCHBACH, POSNER, COFFEY and FLAUM, Circuit Judges.

Reargued En Banc January 19, 1984.

POSNER, Circuit Judge.

Randy Gometz was convicted in the United States District Court for the Southern District of Illinois of assaulting a guard in the federal penitentiary at Marion, Illinois and was sentenced to three years in prison. His appeal presents an important question under the Jury Selection and Service Act of 1968, 28 U.S.C. §§ 1861 et seq.: whether, whenever a large fraction of the persons to...

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