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BRENT R. BRONSON, PETITIONER-APPELLEE, v. BRIAN McKAY, ATTORNEY GENERAL, ET AL., RESPONDENTS-APPELLANTS.

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. ___, ___, 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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BRONSON v. McKAY
(Apr 10, 1989)