United States v. John Smith, II

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 14 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-30036

Plaintiff-Appellee, D.C. Nos. 3:16-cr-00086-SLG-1 v. 3:16-cr-00086-SLG

JOHN PEARL SMITH II,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, Chief District Judge, Presiding

Argued and Submitted February 13, 2025 Seattle, Washington

Before: GOULD and NGUYEN, Circuit Judges, and BENNETT,** District Judge.

John Pearl Smith II appeals the district court’s denial of his motion to

dismiss the superseding indictment. The District of Alaska failed to implement the

geographic proration formula required under its 2015 Jury Plan. Smith argues that

this failure deprived him of his right to a grand jury that represented a fair cross-

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard D. Bennett, United…