Brent R. Bronson, Petitioner-appellee, v. Brian Mckay, Attorney General, et al., Respondents-appellants, 870 F.2d 1514 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 870 F.2d 1514 (9th Cir. 1989)

Argued May 14, 1987. Submitted April 10, 1989. Decided April 10, 1989


James J. Rankl, Deputy Atty. Gen., Carson City, Nev., for respondents-appellants.

Dennis E. Widdis, Deputy Public Defender, Reno, Nev., for petitioner-appellee.

Appeal from the United States District Court for the District of Nevada; Edward C. Reed, Jr., District Judge, Presiding.

Prior report: 648 F. Supp. 1094.

Before BRUNETTI*  and KOZINSKI, Circuit Judges, and GRAY,**  District Judge.

ORDER

We vacated submission of this case on July 6, 1988, pending the Supreme Court's decision in Blanton v. City of North Las Vegas, a case raising the identical issue. Blanton has now been decided: The Court has held that the sixth amendment does not guarantee a jury trial to persons charged under Nevada law with driving under the influence of alcohol. --- U.S. ----, 2/5, 109 S. Ct. 1289, 1291 103 L. Ed. 2d 550 (1989). Accordingly, we order the case resubmitted and reverse the district court's grant of Bronson's petition for a writ of habeas corpus. We remand to the district court for dismissal of the complaint.

 *

Judge Brunetti was drawn to replace Judge Kennedy

 **

The Honorable William P. Gray, Senior United States District Judge for the Central District of California, sitting by designation