Summary
vacating because jury selection was conducted by a magistrate judge
Summary of this case from Commonwealth v. TamanOpinion
No. 87-1094.
Argued and Submitted April 4, 1988.
Opinion August 23, 1989. Opinion Vacated April 9, 1991. Order April 9, 1991.
Robert Martinez. Milan. Mich., pro se.
John F. Peyton, Jr., Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.
Appeal from the United States District Court for the District of Hawaii; Harold M. Fong, District Judge.
Before WALLACE, REINHARDT and NOONAN, Circuit Judges.
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.