United States v. Byron Lawrence Blakely

30 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Byron Lawrence BLAKELY, Defendant-Appellant. No. 93-30423. United States Court of Appeals, Ninth Circuit. Submitted Aug. 1, 1994. * Decided Aug. 4, 1994. Before: ALARCON, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Byron Lawrence Blakely was convicted after a bench trial before a United States magistrate judge of a violation of 43 C.F.R. 2801.3(a). Blakely appealed from this judgment to the district court pursuant to 18 U.S.C. Sec. 3402 . Blakely contended that the judgment must be reversed because he did not waive his right to a trial by jury. He also argued that the evidence introduced before the magistrate judge was insufficient to persuade a rational trier of fact beyond a reasonable doubt of his guilt. 3 The district court reversed the judgment of conviction on the ground that Blakely had been deprived of his Sixth Amendment right to a trial by…