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Case 1:20-cr-00330-AJN Document 126 Filed 01/25/21 Page 7 of 13 return the questionnaire (and who are found to be qualified as jurors). /d., Art. 1V.A. As with the master wheels, two separate qualified jury wheels are maintained: one for Manhattan and one for White Plains. When jurors are needed, names are drawn at random from these wheels, and summonses are sent to those whose names are drawn. /d., Art. IV.C; Reyes, 934 F. Supp. at 556. In United States v. Balde, a case currently pending in this District before Judge Failla, the defendant recently submitted, in connection with a similar challenge to the use of a White Plains grand jury in a Manhattan case, an analysis from jury composition expert Jeffrey Martin, who analyzed the racial and ethnic composition of the master and qualified jury wheels for Manhattan and White Plains. See Declaration of Jeffrey Martin in Support of Motion to Dismiss, U.S. v. Balde, No. 1:20-cr-00281-KPF, Dkt. No. 61-1 (filed Nov. 9, 2020), Exhibit A (“Martin Decl.”). Because the jury wheels are emptied and refilled only every four years, following a presidential election, and the defendant in Balde, like Ms. Maxwell, was indicted in June 2020, Ms. Maxwell’s grand jury was presumably drawn from the same wheels Mr. Martin analyzed. Mr. Martin found significant underrepresentation of Black and Hispanic persons within the White Plains qualified jury wheel—not only when compared to the eligible juror population in the Manhattan counties (Martin Decl. { 61-62, 69-70), but also when compared to the eligible juror population of the District as a whole (id. {| 59-60, 67-68). ARGUMENT The Sixth Amendment guarantees a criminal defendant a grand jury selected from a fair cross-section of the community. Yaylor v. Louisiana, 419 U.S. 522, 530 (1975). Ms. Maxwell’s right under the Sixth Amendment to a grand jury drawn from a fair cross-section of the community applies to the grand jury that indicted her. See, e.g., United States v. Osorio, 801 F. Supp. 966, 973-74 (D. Conn. 1992) (rejecting argument that Sixth Amendment’s fair cross- 4 DOJ-OGR-00002327