U.S. v. LINDSEY

No. 09-50459.

634 F.3d 541 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jamonn Lamont LINDSEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2011.


Attorney(s) appearing for the Case

Thomas P. Sleisenger , Los Angeles, CA, for the defendant-appellant.

April A. Christine , Assistant United States Attorney; Mark R. Yohalem , Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge D.W. Nelson; Concurrence by Judge PREGERSON.


OPINION

D.W. NELSON, Senior Circuit Judge:

This case concerns the proper remedy for a good faith, erroneous denial of a defendant's peremptory challenge. Due to the district court's error in counting, Appellant Jamonn Lamont Lindsey ("Lindsey") received just nine out of the ten peremptory challenges afforded him by the Federal Rules of Criminal Procedure. Our circuit precedent provides for automatic reversal under these circumstances. United States v...

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