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U.S. v. HERNANDEZ-ESTRADA

No. 11-50417.

749 F.3d 1154 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador HERNANDEZ-ESTRADA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2014.

Attorney(s) appearing for the Case

Michele A. McKenzie (argued), Federal Defenders, San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , David Curnow , and Victor P. White (argued), Assistant United States Attorneys, San Diego, CA, for Plaintiff-Appellee.

Before: ALEX KOZINSKI, Chief Judge, and SIDNEY R. THOMAS, BARRY G. SILVERMAN, SUSAN P. GRABER, RONALD M. GOULD, RICHARD A. PAEZ, JOHNNIE B. RAWLINSON, CARLOS T. BEA, MILAN D. SMITH, JR., N. RANDY SMITH and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

The Sixth Amendment and the Jury Selection and Service Act of 1968 ("the Jury Selection Act") afford criminal defendants "the right to be tried by an impartial jury drawn from sources reflecting a fair cross section of the community." Berghuis v. Smith, 559 U.S. 314, 319, 130 S.Ct. 1382, 176 L.Ed.2d 249 (2010). Our circuit precedent required courts to evaluate challenges to the fair...

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