United States v. McDaniels

ALVIN B. RUBIN, District Judge:

The defendant, Mrs. Carolyn S. McDaniels, was convicted of three counts of mail fraud and one count of welfare fraud by a jury composed of 11 persons of the white race and 1 person of the black race. In choosing the jury, the government used all 6 of its peremptory challenges to excuse persons of the black race. Mrs. McDaniels now seeks a new trial, arguing that the government’s action violated her constitutional right to due process of law under the Fifth Amendment and her right to trial by an impartial jury. The court finds that her constitutional rights were…