The judgment of the district court is vacated and the case remanded for a new trial. Gomez v. United States, — U.S. -, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989); United States v. Martinez-Torres, 912 F.2d 1552 (1st Cir. 1990) (en banc). In view of the Supreme Court’s grant of cer-tiorari in United States v. France, 886 F.2d 223 (9th Cir. 1989) cert. granted, — U.S. -, 110 S.Ct. 1921, 109 L.Ed.2d 285 (1990), however, the mandate of this court ordering the foregoing is stayed until further order. See Martinez-Torres, at 1556.