Brent R. Bronson v. Brian McKay Attorney General
Brent R. Bronson v. Brian McKay Attorney General
870 F.2d 1514; 1989 U.S. App. LEXIS 4776; 1989 WL 32462
(Federal Reporter, Second Series)
Brent R. Bronson v. Brian McKay Attorney General
Opinion
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. —, —, *1515 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.
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