Armstead

MEMORANDUM *

Lema Armstead appeals his jury conviction on one count of unlawful possession of a firearm ( 18 U.S.C. § 922 (g)(1), 18 U.S.C. § 924 (a)(2)) and three counts of making a material false statement to acquire a firearm ( 18 U.S.C. §§ 922 (a)(6), 924(a)(2)), contending his Sixth Amendment rights were violated because only one member of his 48-member jury venire panel was African American. Armstead also challenges his sentence on Sixth Amendment grounds. We affirm the conviction, but remand to the district court for limited reconsideration of Armstead’s sentence.

Armstead notes that only one of the 48 jurors on his venire panel was African American, and on that basis argues that the jury selection proceedings in the district court violated his Sixth Amendment right to a jury selected from a fair cross-section of the community. However, Armstead fails to establish any color-able Sixth Amendment violation here because he has made no showing that African Americans are systematically excluded from the juror selection process, or that there is a disparity between the racial *966 composition of the community and the racial composition of the population called for jury service.…