United States v. Salvador Hernandez-Estrada

OPINION

THOMAS, Circuit Judge:

The Sixth Amendment and the Jury Selection and Service Act of 1968 (“the Jury Selection Act”) afford criminal defendants “the right to be tried by an impartial jury drawn from sources reflecting a fair cross section of the community.” Berghuis v. Smith, 559 U.S. 314, 319, 130 S.Ct. 1382, 176 L.Ed.2d 249 (2010). Our circuit precedent required courts to evaluate challenges to the fair cross-section requirement using the “absolute disparity” test. United States v. Rodriguez-Lara, 421 F.3d 932, 943 (9th Cir.2005). On re-examining the question, we conclude that…