United States v. Lopez

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 for this appeal because it does not fully disclose the events relevant to the respective roles played by the judge of the district…