870 F2d 1514 Bronson v. McKay

870 F.2d 1514

Brent R. BRONSON, Petitioner-Appellee,
Brian McKAY, Attorney General, et al., Respondents-Appellants.

No. 86-15077.

United States Court of Appeals,
Ninth Circuit.

Argued May 14, 1987.
Submitted April 10, 1989.
Decided April 10, 1989.

view counter

James J. Rankl, Deputy Atty. Gen., Carson City, Nev., for respondents-appellants.


Dennis E. Widdis, Deputy Public Defender, Reno, Nev., for petitioner-appellee.


Appeal from the United States District Court for the District of Nevada; Edward C. Reed, Jr., District Judge, Presiding.


Prior report: 648 F.Supp. 1094.


Before BRUNETTI* and KOZINSKI, Circuit Judges, and GRAY,** District Judge.



We vacated submission of this case on July 6, 1988, pending the Supreme Court's decision in Blanton v. City of North Las Vegas, a case raising the identical issue. Blanton has now been decided: The Court has held that the sixth amendment does not guarantee a jury trial to persons charged under Nevada law with driving under the influence of alcohol. --- U.S. ----, 2/5 , 109 S.Ct. 1289, 1291 103 L.Ed.2d 550 (1989). Accordingly, we order the case resubmitted and reverse the district court's grant of Bronson's petition for a writ of habeas corpus. We remand to the district court for dismissal of the complaint.


Judge Brunetti was drawn to replace Judge Kennedy

view counter

The Honorable William P. Gray, Senior United States District Judge for the Central District of California, sitting by designation