U.S. Court of Appeals for the Ninth Circuit, 1989

United States v. Nittayanupap

United States v. Nittayanupap
U.S. Court of Appeals for the Ninth Circuit · Decided September 18, 1989 · Nelson, Tang, Wallace
884 F.2d 1318; 1989 WL 106281 (Federal Reporter, Second Series)

United States v. Nittayanupap

Opinion of the Court

ORDER

On June 19,1989, — U.S. —, 109 S.Ct. 3181, 105 L.Ed.2d 690 the United States Supreme Court vacated the judgment of this court and remanded this case for further consideration in light of Gomez v. United States, — U.S. —, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989). In Gomez, the court held that it is reversible error for federal magistrates to conduct jury selection in felony trials without defendant’s consent. This court recently held that the per se rule of reversal announced in Gomez, applies to all cases pending on direct review and not final when Gomez was decided. United States v. France, 886 F.2d 223 (9th Cir. 1989). This case is indistinguishable from France. Therefore, the judgment in this case is reversed.

REVERSED.

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