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ENGLISH v. U.S.

Nos. 91-16442, 91-16500 and 92-15368.

42 F.3d 473 (1994)

Patrick ENGLISH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Derek TANO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Lutrell DAVIS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 1, 1994.

As Amended November 21, 1994.

Attorney(s) appearing for the Case

John Ashford Thompson, Honolulu, HI, for plaintiff-appellant English and for plaintiff-appellee Davis.

Suzanne Terada, and Richard S. Kawana, Honolulu, HI, for plaintiff-appellant Tano.

Louis A. Bracco, Asst. U.S. Atty., Honolulu, HI, for the defendant-appellee in English and the defendant-appellant in Davis.

Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge BROWNING.

REINHARDT, Circuit Judge:

Introduction

This case forces us to attempt to make some sense of the procedural morass that surrounds habeas corpus. In all three cases, a United States magistrate presided over voir dire without the consent of the defendants. While the cases were still pending on direct appeal, the Supreme Court in Gomez v. United States, 490 U.S. 858

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