United States v. Manuel Arno Martinez

Martinez appeals from his conviction under the Dyer Act, 18 U.S.C. § 2312 . We affirm.

1. The selection of the jury.

Martinez, before voir dire examination of the jury began, moved under 28 U.S.C. § 1867 (a) to stay the proceedings against him on the ground that there had been a substantial failure to comply with the provisions of the Jury Selection and Service Act of 1968, 28 U.S.C. §§ 1861-1869 . Three district court judges, sitting in banc, denied the motion. The ease went to trial on February 11, 1970, at which time Martinez renewed his motion ; it was again denied.

Martinez’s attack is upon the plan of jury selection adopted by the District Court for Arizona as required by 28 U.S.C. § 1863 (a). He does not claim, however, that the plan fails to comply with the express requirements of the Act. On the contrary, he concedes that the master jury list was selected in a manner consistent with the requirements of section 1863, that a qualified jury panel was selected from the master jury wheel in a manner consistent with section 1864 and section 1866, and that the panel from which the jurors who were to try him was selected was drawn from the qualified jury wheel in the manner…