United States v. Daniel Spivey, Jr.

980 F.2d 740 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Daniel SPIVEY, Jr., Defendant-Appellant. No. 92-10034. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1992. * Decided Nov. 30, 1992. As Amended on Denial of Rehearing and Rehearing En Banc Feb. 19, 1993. Before SCHROEDER, WILLIAM A. NORRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Daniel Spivey appeals the district court's denial of his request for a jury trial in the State of Hawaii for driving under the influence of alcohol. Spivey was charged with unlawfully operating a vehicle under the influence of alcohol on a federal military reservation in Hawaii, in violation of H.R.S. § 291-4(a)(1) and (a)(2). Spivey's case was prosecuted in federal court under the Assimilated Crimes Act, 18 U.S.C. § 13 . The Hawaii Constitution entitles DUI defendants to a jury trial, and Spivey argues that he is therefore entitled to a jury trial for…