United States v. Frank J. Parker

A four-count indictment was returned on July 23, 1968, in the United States District Court for the District of Neada, charging appellant Frank J. Parker with three violations of 21 U.S.C. § 174 by the sale of specified amounts of heroin on July 12, 1968 [Count One], July 13, 1968 [Count Two], and July 14, 1968 [Count Three], and one violation of 21 U.S.C. § 174 by the facilitation of the transportation and concealment of heroin on July 17, 1968 [Count Four]. On March 20, 1969, the jury returned its verdict, finding appellant guilty on Counts One and Two, the remaining counts having been dismissed by the government. Appellant was sentenced to 10 years on each count, sentences to run concurrently. He filed a timely notice of appeal to this court which has jurisdiction under 28 U.S.C. §§ 1291 , 1294.

Appellant first centends that there was discrimination in the selection of the grand and petit juries in the instant case. Appellant’s proof of discrimination consisted solely of showing that the names of potential jurors were drawn at random from the voter registration lists, and that the jurors were selected at random from a wheel containing these names. Appellant also points to a…