U.S. v. GOMEZ-LEPE

No. 99-30031.

207 F.3d 623 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Isidro GOMEZ-LEPE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2000.


Attorney(s) appearing for the Case

Richard A. Smith, Smith Law Firm, Yakima, Washington, for the appellant.

Jane Kirk, Assistant United States Attorney, Yakima, Washington, for the appellee.

Before: REAVLEY, REINHARDT, and McKEOWN, Circuit Judges.


McKEOWN, Circuit Judge:

Isidro Gomez-Lepe was convicted of conspiracy to distribute a controlled substance, 21 U.S.C. § 846, and possession with intent to distribute a controlled substance and/or aiding and abetting, 21 U.S.C. § 841(a)(1); 18 U.S.C. § 2. On appeal, he maintains that the magistrate judge's presiding over a jury poll that called into question jury unanimity exceeded the judge's statutory authority under the Federal Magistrates Act (the...

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