OPINION
ERVIN, Chief Judge:
Criminal defendant, Robert E. Lee, appeals from summary judgment granted in favor of the government. Two allegations constitute the basis of Lee's appeal. First, the district court committed reversible error in allowing a magistrate judge to preside over voir dire for a felony trial. Second, the ineffectiveness of his counsel entitles him to a new trial.
Based upon our reading of Gomez v. United States,
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