United States v. Jerry Layne Allen, No. 71-1550 Summary Calendar

445 F.2d 849

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Layne ALLEN, Defendant-Appellant. No. 71-1550 Summary Calendar.* *Rule 18, 5 Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.

United States Court of Appeals, Fifth Circuit.

July 15, 1971.

James F. Mulla, Jr., New Orleans, La. (court appointed), for defendant-appellant.

Gerald J. Gallinghouse, U.S. Atty., Robert L. Livington, Jr., Mary Williams Cazalas, Asst. U.S. Attys., for the United States.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

1

Allen appeals from the District Court's judgment of conviction of a violation of 50 U.S.C.A. App. 462(a). 1 We affirm.

2

Allen is nineteen years old. He attacks the ocmposition of the grand jury which indicted him because it consisted only of registered voters, who, by necessity, must be twenty-one years old. Allen urges that he was thus denied a jury of his peers in violation of the Fifth and Sixth Amendments. We disagree. Nothing identifiable or distinctive about young adults under twenty-one sets them apart from young adults over twenty-one, who are eligible for jury duty. See United States v. Kuhn and Greenwood, 5 Cir. 1971, 441 F.2d 179 . There was thus no showing of discrination or exclusion of a distinct group from jury participation. Whitus v. State of Georgia, 1967, 385 U.S. 545 , 87 S.Ct. 643 , 17 L.Ed.2d 599 ; Hernandez v. State of Texas, 1954, 347 U.S. 475 , 74 S.Ct. 667 , 98 L.Ed. 866 .

3

Allen first asserted his claim as a conscientious objector at his induction station. This was too late. Ehlert v. United States, 1971, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 .

4

Affirmed.

1

Refusal to submit to induction into the Armed Forces of the United States