United States v. Obie Goodlow, Jr., United States of America v. Henry Lee Wallace

Henry Lee Wallace and Obie Goodlow, Jr. appeal their convictions for narcotics offenses. Wallace was convicted of possession of heroin with intent to distribute, 21 U.S.C. § 841 (a)(1), and conspiracy to possess heroin with intent to distribute, 21 U.S.C. § 846 . Goodlow was convicted of only the conspiracy count.

Challenge to Jury Array

Only one argument, among various contentions made by the defendants, is of any substance. Both defendants challenge the petit jury array, on statutory and constitutional grounds. We reject these contentions and affirm the convictions, but brief discussion is appropriate.

The Jury Selection Plan for the Southern District of California has been duly adopted under the Jury Selection and Service Act of 1968, 28 U.S.C. § 1861 et seq. The Act provides that district plans shall: “specify those groups of persons or occupational classes whose members shall, on individual request therefore, be excused from jury service.” 28 U.S.C. § 1863 (b)(5). Pursuant to this statutory authorization, the plan for the Southern District of California sets forth in paragraph 17 a number of groups of people whose members may be excused on individual request. As required…