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UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ROBERT MARTINEZ, DEFENDANT-APPELLANT.

ORDER

Jury selection in this case was conducted by a magistrate, rather than a district judge. Accordingly, the conviction is REVERSED. Gomez v. United States, 490 U.S. 858, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989); United States v. France, 886 F.2d 223 (9th Cir. 1989), affirmed without opinion by an equally divided Court, ___ U.S. ___, 111 S.Ct. 805, 112 L.Ed.2d 836 (1991) (per curiam). Our previous opinion in this case, United States v. Martinez, 883 F.2d 750 (9th Cir. 1989), is vacated.

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UNITED STATES v. MARTINEZ
(Apr 9, 1991)