Glen William Lester, Petitioner-appellant, v. United States of America, Respondent-appellee, 993 F.2d 883 (9th Cir. 1993)

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U.S. Court of Appeals for the Ninth Circuit - 993 F.2d 883 (9th Cir. 1993) Submitted May 4, 1993. *Decided May 7, 1993

Before GOODWIN, TANG and NOONAN, Circuit Judges.


MEMORANDUM** 

Glen William Lester appeals the denial of his motion to vacate sentence pursuant to 28 U.S.C. § 2255. A magistrate judge presided over the selection of the jury that convicted Lester, in violation of Gomez v. United States, 490 U.S. 858 (1989). Lester's conviction became final before Gomez was decided and he now seeks to have the rule in that case applied retroactively. However, we have previously held that Gomez "should not be afforded 'complete' retroactive effect and applied to convictions challenged on collateral review." United States v. Judge, 944 F.2d 523, 525 (9th Cir. 1991), cert. denied, 112 S. Ct. 1988 (1992). Accordingly, the judgment of the district court denying Lester's motion to vacate sentence is

AFFIRMED.

 *

The panel unanimously agrees that this case is appropriate for submission without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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