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U.S. v. ALVAREZ-MORENO

No. 10-10045.

657 F.3d 896 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel ALVAREZ-MORENO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2011.

Attorney(s) appearing for the Case

Francisco Leon , Tucson, AZ, for Gabriel Alvarez-Moreno.

Robert Lally Miskell , Office of the United States Attorney, Tucson, AZ, for the United States of America.

Before: RICHARD A. PAEZ, MARSHA S. BERZON, and CARLOS T. BEA, Circuit Judges.

OPINION

BERZON, Circuit Judge:

This case raises a thorny double jeopardy issue: whether a district court may, in the absence of a motion for new trial by the defendant, order a new trial for a defendant who was tried before the judge but never properly waived his constitutional right to a jury trial.

Defendant-Appellant Gabriel Alvarez-Moreno was indicted in December 2008 on two counts of transporting an...

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