This section contains the nature of the case and procedural background.

D is African-American. D was operating his motor vehicle in the City of Richmond and a Sheriff observed D proceed in the wrong direction on a one-way street. The officer stopped D and determined that D's driver's license was suspended. The officer discovered marijuana, a nine-millimeter pistol, and drug paraphernalia from a search subsequent to the stop. D was slated for prosecution in state court. 'Project Exile' resulted in the transfer of D's case for prosecution to federal court. A federal grand jury issued a four-count indictment against D for precisely the same conduct originally prosecuted in the state proceedings. Project Exile is a project jointly undertaken by the Commonwealth's Attorney for the City of Richmond and the United States Attorney for the Eastern District of Virginia. The goal is to reduce violent crime by federally prosecuting firearm-related crimes whenever possible. Where the conduct alleged also constitutes a federal crime, local police refer the matter to the United States Attorney for the Eastern District of Virginia. If an indictment charging the defendant with federal firearm-related crimes is obtained, then the Commonwealth's Attorney drops the state charges, and the case proceeds in federal court. D moved to dismiss arguing that his prosecution in federal, rather than state court is an unconstitutional attempt to avoid a jury pool consisting of greater numbers of African-Americans.

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