Luong

MEMORANDUM AND ORDER RE: DEFENDANT JOHN THAT LUONG’S MOTION TO DISMISS BASED ON SELECTION OF TRIAL JURY

Defendant John That Luong is one of seven defendants named in the indictment in this case. Luong now moves to dismiss his indictment, or in the alternative, for a stay of proceedings, on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal Protection Clause (“JSSA”).

I. Jury Selection and Service Act

Luong has presented a declaration from demographer John R. Weeks stating that African-Americans, Hispanics, and “all minority groups combined” are underrepresented in the 2002 jury wheel for the Sacramento division of the Eastern District of California. (Weeks Decl. ¶ 5). Based on this declaration, Luong alleges violations of the JSSA.

A. 28 U.S.C. § 1861

Under 28 U.S.C. § 1861 , “all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes.” The test for a constitutionally selected jury is the same whether…