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U.S. v. LOPEZ

No. 98-50848.

206 F.3d 450 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Javier Abud LOPEZ, also known as Comandante, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 6, 2000.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Diane D. Kirstein (argued), San Antonio, TX, for Plaintiff-Appellee.

Adrienne Urrutia Zuflacht (argued), San Antonio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and ATLAS, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal brings questions regarding the authority of a magistrate judge to preside in a federal prosecution of a felony after the jury has commenced its deliberations. Javier Abud Lopez asks us to reverse his conviction, urging that judicial power has been unconstitutionally delegated, a contention bristling with difficult issues under Article III of the Constitution.

The government concedes that the record is inadequate...

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