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U.S. v. ANNIGONI

No. 94-50422.

96 F.3d 1132 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Richard ANNIGONI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 1995.

Amended September 21, 1995.

Order Granting Rehearing January 10, 1996.

Argued and Submitted March 21, 1996.

Decided September 23, 1996.

Attorney(s) appearing for the Case

Michael Tanaka, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Miriam A. Krinsky and Daniel P. Collins, Assistant United States Attorneys, Los Angeles, CA, for plaintiff-appellee.

Before: HUG, Chief Judge, and FLETCHER, POOLE, BEEZER, BRUNETTI, KOZINSKI, THOMPSON, LEAVY, T. G. NELSON, KLEINFELD, and HAWKINS, Circuit Judges.

Order Granting Rehearing En Banc January 10, 1996.

Opinion by Judge HAWKINS; Dissent by Judge LEAVY; Dissent by Judge KOZINSKI.

MICHAEL DALY HAWKINS, Circuit Judge:

This case asks us to reconsider the long-standing principle that automatic reversal of a conviction is the proper remedy where a trial court erroneously deprives a criminal defendant of the right of peremptory challenge.

Following a jury trial, defendant-appellant Richard Annigoni...

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