United States v. Donald Thomas Lockwood

Donald Thomas Lockwood was convicted, following a bench trial, on a three-count indictment charging him with two marijuana offenses, 21 U.S.C. §§ 841(a)(1) and 846 (1976), and the unlawful possession of a sawed-off shotgun, 26 U.S.C. § 5861(d) (1976). He raises three points on appeal; the first two require brief discussion.

The trial below took place without a jury despite the absence of a written waiver by the defendant. Fed.R.Crim.P. 23(a) required this case to be tried by'jury “unless the defendant waive[d] a jury trial in writing with the approval of the court and the consent of the…