United States Ninth Circuit

In the context of Sixth Amendment fair cross-section claims, 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. In order to determine whether Hispanics are underrepresented to an unconstitutional degree in venires, a district court must rely on that evidence which most accurately reflects the judicial district-s actual percentage of jury-eligible Hispanics.

Appellate Information

• Argued 02/07/2006
• Decided 05/08/2006
• Published 05/08/2006

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Zandra L. Lopez, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, David P. Curnow, Assistant U.S. Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.