United States v. James Scott

Appellant James Scott appeals from his conviction under 18 U.S.C. § 922(c) which prohibits the sale of firearms while not on business premises and under 18 U.S.C. § 922(b)(4) which prohibits the sale of firearms in violation of state law. Scott was convicted in a bench trial. The sole issue presented by this appeal is whether the record permits us to say that Scott knowingly and intentionally waived his right to jury trial.

Before trial, Scott’s counsel in Scott’s presence orally agreed to a bench trial. Scott and his counsel subsequently signed a written jury waiver. The waiver form was then…