United States v. Eric Leroy Green

HATCHETT, Circuit Judge:

In this criminal case, we determine whether the district court abused its discretion in excluding a petit jury including the only two black veniremen on the venire panel from further jury service because the veniremen sat in a similar case the previous day. Appellant claims this exclusion violated his rights guaranteed under the sixth amendment, and the Jury Selection and Service Act of 1968, as amended, 28 U.S. C.A. §§ 1861-1877 (West Supp.1984). Finding no error, we affirm.

Facts

On June 22, 1983, a federal grand jury returned a one-count indictment against Eric Leroy…