United States v. Nittayanupap, 884 F.2d 1318 (9th Cir. 1989)
884 F.2d 1318
US-DOC-21042147
locator
Case details
Bluebook Citation
United States v. Nittayanupap, 884 F.2d 1318 (9th Cir. 1989)
Full caption
UNITED STATES of America, Plaintiff-Appellee, v. Pavit NITTAYANUPAP, and Arkrin Taecharatanaprasert, Defendants-Appellants.
Country
United States
Jurisdiction
Federal
Court
9th Cir.
Decided
Sep. 18, 1989
Disposition
Reversed
Nos. 87-1395, 88-1001.
Sept. 18, 1989.
Before WALLACE, TANG and NELSON, Circuit Judges.
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.