United States v. Cruz Hector Nevarez-Castro

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cruz Hector NEVAREZ-CASTRO, Defendant-Appellant. No. 93-50357. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1994. Decided May 13, 1994. 1 Before: BROWNING, FLETCHER, Circuit Judges, FITZGERALD * ORDER 2 On April 29, 1994, the government filed a motion for summary reversal and remand for retrial. The government concedes that a juror drawn for the jury trial should have been excused for cause based on United States v. Allsup, 566 F.2d 68, 71-75 (9th Cir.1977) and United States v. Turner, 558 F.2d 535, 538 (9th Cir.1977). 3 Appellant Cruz Hector Nevarez-Castro objected to the government's motion which was heard on May 3, 1994 during appellate oral argument. Appellant's counsel desired an opportunity to criticize the trial judge for the manner in which jury voir dire was conducted and the procedure in which the jury panels are selected in…