445 F2d 849 United States v. Allen 71-1550

445 F.2d 849

UNITED STATES of America, Plaintiff-Appellee,
Jerry Layne ALLEN, Defendant-Appellant.
No. 71-1550 Summary Calendar.*
*Rule 18, 5 Cir. See Isbell Enterprises, Inc
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.


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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.


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.


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.




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