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  5. 912 F.2d 1552 (1990)
 

U.S. v. MARTINEZ-TORRES

Nos. 87-2006 to 87-2008.

912 F.2d 1552 (1990)

UNITED STATES of America, Appellee, v. Santos Jesus MARTINEZ-TORRES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Luis Alfredo MARTINEZ-TORRES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Epifanio MARTINEZ-TORRES, a/k/a "Fanny," Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 20, 1990.

Attorney(s) appearing for the Case

Harry Anduze Montano, Hato Rey, P.R., for defendants, appellants.

J. Douglas Wilson, Atty., Dept. of Justice, Washington, D.C., with whom Daniel Lopez-Romo, U.S. Atty., Hato Rey, P.R., was on brief, for appellee.

Before BREYER, Chief Judge, ALDRICH, CAMPBELL, TORRUELLA, SELYA and CYR, Circuit Judges.

OPINION EN BANC

BAILEY ALDRICH, Senior Circuit Judge.

On May 26, 1987, defendants-appellants were convicted of various drug offenses. Pursuant to a Puerto Rico District Court local rule authorizing the procedure, the jury empaneling had been conducted by a magistrate. Questions not resolved by the magistrate were satisfactorily resolved by the judge in the lobby during a recess, the judge not appearing in court until the empaneling had been completed. Defendants...

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