United States v. Footracer

Opinion by Judge WIGGINS; Dissent by Judge PREGERSON.

WIGGINS, Circuit Judge:

Johnny Roy Footracer, a Native American, claims that he was denied his Sixth Amendment right to a jury venire reflecting a fair cross-section of the community because his criminal trial was transferred from the District of Arizona’s Prescott Division, the division in which the alleged crimes were committed, to the Phoenix *1060Division, which contains a much smaller percentage of Native Americans. We affirm Footracer’s conviction.

I

In September 1996, a federal grand jury indicted Johnny Roy Footracer on seven counts of…