Brent R. Bronson v. Brian McKay Attorney General

870 F.2d 1514

Brent R. BRONSON, Petitioner-Appellee,
v.
Brian McKAY, Attorney General, et al., Respondents-Appellants.

No. 86-15077.

United States Court of Appeals,
Ninth Circuit.

Argued May 14, 1987.
Submitted April 10, 1989.
Decided April 10, 1989.

1

James J. Rankl, Deputy Atty. Gen., Carson City, Nev., for respondents-appellants.

2

Dennis E. Widdis, Deputy Public Defender, Reno, Nev., for petitioner-appellee.

3

Appeal from the United States District Court for the District of Nevada; Edward C. Reed, Jr., District Judge, Presiding.

4

Prior report: 648 F.Supp. 1094.

5

Before BRUNETTI* and KOZINSKI, Circuit Judges, and GRAY,** District Judge.

ORDER

6

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. ----, 2/5 , 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.

*

Judge Brunetti was drawn to replace Judge Kennedy

**

The Honorable William P. Gray, Senior United States District Judge for the Central District of California, sitting by designation