147 F.3d 1266 (1998)
Defendant was charged with two counts of armed robbery and interfering with interstate commerce by robbery. The jury returned a verdict of guilty on all counts.
- The court affirmed. The jury was a fair cross-section of the community where defendant could not prove the selection and representation of Asians, Blacks, and Hispanics was not fair and reasonable in relation to the number in the community.
- The court also held that jeopardy did not terminate during the jury process because a sworn juror was excused during the process and selected an alternate.
- The presentence report was properly admitted where defendant failed to object to a fact in the report. Congress was granted authority under the commerce clause to enact the Hobbs Act, 18 U.S.C.S. § 1951, because it regulated activity which had a substantial effect on commerce.
- An element of a crime was not improperly excluded from the jury where it was immaterial.
- Defendant did not suffer multiple punishments for the same conduct.
The court affirmed because defendant did not make a prima facie showing that the jury was underrepresented and violated his Sixth Amendment right to a jury of a fair cross-section of the community. Double jeopardy did not attach and defendant did not receive multiple punishments for the same conduct.
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