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United States v. Beam

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 4, 2010

UNITED STATES OF AMERICA
v.
TROY A. BEAM, DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 4th day of November, 2010, upon consideration of the motion (Doc. 42) filed by defendant Troy A. Beam ("Beam"), wherein Beam requests that the court exclude all employees of the United States government from the jury panel,*fn1 and it appearing that Beam argues that all individuals who receive income from the federal government have a direct financial interest in the outcome of a tax case such as the instant case, and are therefore inherently biased, and the court finding that, for many years, courts have rejected similar arguments,*fn2 and the court concluding that Beam has failed to show that employees of the federal government are necessarily unable to serve as fair and impartial jurors in the above-captioned case, and the court further concluding that bias should not be implied on the basis of government employment, but rather, individualized examination must be made to determine the ability of each prospective juror to be fair and impartial, see United States v. Calabrese, 942 F.2d 218, 223-24, 226 (3d Cir. 1991) (espousing a narrow view of implied juror bias, and reaffirming prior holdings that bias must be tested through voir dire and determined on an individualized basis), it is hereby ORDERED that the motion (Doc. 42) is DENIED. The court will, however, make inquiry as to individual bias on the part of any potential juror who is or was an employee of the federal government.


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