UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT MARTINEZ, DEFENDANT-APPELLANT

9th Cir. | 1991-04-09
No. 87-1094
928 F.2d 1470 United States Court of Appeals for the Ninth Circuit (1991) Positive Treatment
Cited by 15 cases

Opinion of the Court

Jury selection in this case was conducted by a magistrate, rather than a district judge. Accordingly, the conviction is REVERSED. Gomez v. United States, 490 U.S. 858, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989); United States v. France, 886 F. 2d 223 (9th Cir.1989), affirmed without opinion by an equally divided Court, — U.S. —, 111 S.Ct. 805, 112 L.Ed.2d 836 (1991) (per curiam). Our previous opinion in this case, United States v. Martinez, 883 F. 2d 750 (9th Cir.1989), is vacated.


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