U.S. v. TORRES-HERNANDEZ

No. 05-50136.

447 F.3d 699 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Antonio TORRES-HERNANDEZ, a.k.a. Roberto Martinez-Hernandez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2006.


Attorney(s) appearing for the Case

Zandra L. Lopez, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, Roger W. Haines, Jr. & David P. Curnow, United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before ALEX KOZINSKI, STEPHEN S. TROTT, and CARLOS T. BEA, Circuit Judges.


BEA, Circuit Judge.

Today we decide a district court need not and may not take into account Hispanics who are ineligible for jury service to determine whether Hispanics are underrepresented on grand jury venires. To establish a prima facie violation of the Sixth Amendment's guarantee that grand juries reflect a fair cross-section of the community, a defendant must prove in part "that the representation of [an allegedly underrepresented] group in venires from which...

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