United States v. Ronald Gamble
Opinion
Opinion
Ronald Gamble appeals his conviction and sentence, following a jury trial, for one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Gamble contends that the district court erred by (1) allowing a magistrate to impanel the jury, and (2) using allegedly infirm prior convictions to enhance his sentence pursuant to 18 U.S.C. § 924 (e). Because we hold that the district court’s referral of jury selection to the magistrate requires a new trial, we do not reach the second issue.
I. Facts
The facts are not contested. On April 23, 1988, Gamble was stopped by Los An-geles County deputy sheriffs for carrying a loaded pistol, and he was subsequently charged with being a felon in possession of a firearm. Gamble’s trial began on November 30, 1988. The district court referred the selection of the jury to a magistrate. Gamble raised no objection to this referral, and the jury was subsequently sworn by the district judge. On December I, 1988, the jury convicted Gamble, and on February 6, 1989, the district court sentenced him to fifteen years’ imprisonment pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924 (e).