PRATT, Circuit Judge:
Salvatore Gilberti appeals from a judgment of the United States District Court for the Eastern District of New York, Joseph M. McLaughlin, Judge, denying Gilberti's motion under 28 U.S.C. § 2255 to set aside his conviction, because over his objection, a magistrate presided at the jury selection for his trial. Gilberti claims that Gomez v. United States, ___ U.S. ___, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989), should be applied...
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