Footracer
United States v. Footracer
Opinion
Lead Opinion
MEMORANDUM *
Johnny Roy Footracer challenges the sua sponte transfer of his criminal trial *596 from the District of Arizona’s Prescott Division to its Phoenix Division as violating tas Sixth Amendment right, as articulated in Duren v. Missouri, 439 U.S. 357 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979), to a jury venire composed of a fair cross-section of the community. In our original opinion, a majority of the panel found no violation and affirmed Footracer’s conviction.
On April 26, 2000, we granted Footracer’s petition for rehearing. We subsequently granted Footracer’s motion to supplement the record on appeal with information relating to the trial court’s denial of Footracer’s motion to return his trial to Prescott. We allowed the United States a response, and Footracer a reply. The rehearing argument was limited to Footracer’s claim surrounding the location of his trial.
After rehearing on February 26, 2001, we remanded the action to the district court for the limited purpose of obtaining, from the records of its clerk, certain information pertaining to Footracer’s Duren claim. Specifically, we asked the district court to provide the following information: (1) the total number…