U.S. v. MARTINEZ

No. 87-1094.

883 F.2d 750 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1989.


Attorney(s) appearing for the Case

James D. Comack, Honolulu, Hawaii, for defendant-appellant.

John F. Peyton, Jr., Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before WALLACE, REINHARDT and NOONAN, Circuit Judges.


NOONAN, Circuit Judge:

Robert ("Bobby") Martinez was convicted on four counts of importing heroin into the United States in violation of 21 U.S.C. § 960(a)(1) and one count of possession with intent to distribute heroin in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B)(i). He appeals from denial of his motion for a new trial. The appeal involves a question of constitutional law new in this circuit: what constitutes an effective waiver by a criminal...

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