United States v. Vanessa Renai Fletcher

Good Law
92 Daily Journal DAR 7496·965 F.2d 781·1992 WL 117150·1992 U.S. App. LEXIS 12322·92 Cal. Daily Op. Serv. 4721
United States Court of Appeals for the Ninth CircuitJune 4, 199290-10392California1,040 words

Opinion

Opinion

Hall, J.

Vanessa Renai Fletcher appeals her jury conviction for conspiracy to possess with intent to distribute and possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Fletcher argues that when the district court excused two college students from the venire, it violated her Sixth Amendment right to a jury representing a fair cross-section of the community. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Fletcher and two co-defendants were charged with drug trafficking offenses relating to a shipment of approximately four kilograms of cocaine to Honolulu. Jury selection commenced on April 3, 1990. At the conclusion of its introductory instructions to the venire panel, the district court inquired whether any prospective jurors had reason to seek to be excused. Among the prospective jurors who responded were two full-time college students. Noting its practice to excuse students so they would not miss class, the district court excused both women. Fletcher’s counsel objected, claiming the court’s action violated Fletcher’s Sixth Amendment right…

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