District Court, N.D. California June 24, 1981, CR-80-416 RFP (United States v. Layton)

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

The defendant Laurence Layton moves to dismiss the indictment on the ground that the procedures employed to select the members of the grand jury which indicted him are constitutionally and statutorily defective.

The defendant was indicted on October 9, 1980, by Grand Jury No. 80-6. The foreman of that grand jury was a white male, as is Mr. Layton.