Martinez-Orosco

MEMORANDUM *

Raimundo Martinez-Orosco appeals his indictment and sentence for illegal reentry in violation of 8 U.S.C. § 1326 . He challenges his indictment on two grounds: (1) his Sixth Amendment rights were violated because Hispanics were underrepresented on the jury wheel from which grand jurors were chosen, and (2) the district court erred in instructing the grand jury to re *695 frain from considering possible punishment in deciding whether to indict. Martinez-Orosco also challenges the district court’s decision to enhance his sentence under § 1326(b) and U.S.S.G. § 2L1.2 for a prior conviction that was not charged or proven to a jury. All three challenges fail.

7. Grand Jury Underrepresentation

Martinez-Orosco contends that Hispanics were underrepresented on the jury wheel because the composition of the jury wheel was drawn exclusively from voter registration lists. To make out a prima facie case of unconstitutional under-representation, Martinez-Orosco must show

Duren v. Missouri, 439 U.S. 357, 364 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979). The burden then shifts to the government to rebut the prima facie case. See United States v. Rodriguez-Lara, 421 F.3d 932, 940 (9th…