United States v. Robert Martinez
91 Daily Journal DAR 4006·928 F.2d 1470·1989 WL 240214·1991 U.S. App. LEXIS 5696·91 Cal. Daily Op. Serv. 2525
United States Court of Appeals for the Ninth CircuitApril 9, 199187-1094California84 words
Opinion
ORDER
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.