United States of America, Plaintiff-appellee, v. Robert Martinez, Defendant-appellant, 928 F.2d 1470 (9th Cir. 1991)
Annotate this CaseRobert 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.
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