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circuit have defined the relevant jury pool with reference to “the systematic defect identified by
the defendant.” Rioux, F. Supp. at 1565-66; see Allen, 2021 WL 431458, *5 (defining jury pool
as both “the White Plains master wheel and the White Plains qualified wheel” because the
defendants’ allegations impacted both venires). Under that approach, the jury venire that bears
the brunt of the defendant’s allegations of systematic exclusion is determined to be the relevant
jury pool. See Allen, 2021 WL 431458, *5; Rioux, F. Supp. at 1565-66. Here, Schuite’s
allegations of systematic exclusion center almost entirely on the juror selection procedures for
the White Plains master wheel.* See infra 15-17. Accordingly, the appropriate venire is the
White Plains master wheel.
ii. Relevant Community
The most significant point of dispute between the parties is which counties constitute the
relevant community. According to Schulte, the relevant community must be the counties that
feed jurors to Manhattan because that is where his trial will be held. (Schulte Br. at 8; Schulte
Reply at 3-5, ECF 454.) But the Government responds that the northern counties from which
White Plains draws jurors represent the relevant community. (Gov't Opp. Br. at 9-14, 18.) The
Court agrees with the Government.
As a preliminary matter, it should be noted that the Southern District is not statutorily
divided into discrete divisions. See 28 U.S.C. § 112. Rather, the statutory law prescribes one
District that is composed of the following counties: Bronx, Dutchess, New York, Orange,
Putnam, Rockland, Sullivan, and Westchester. See id. Yet, what the statutory law leaves
4 For example, if Schulte had alleged that the juror questionnaire form displayed systematic
exclusion, see supra 4n. 1, then the qualified wheel would be the appropriate jury venire for
comparison. Because he does not do that, the master wheel must be the relevant venire.
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