Edward Pool v. United States

BARNES, Circuit Judge:

Appellant commenced his trial before a jury on four counts, two charging the concealment and two charging sale of two amounts of heroin. (21 U.S.C. § 174.) During this jury trial, the parties signed a stipulation of facts, and the case was thereafter tried by the judge. Appellant was found guilty on each count, and sentenced to ten years — five years on each count, counts three and four to run consecutively with one and two, respectively.

Two errors are alleged:(1) There was no valid waiver of jury as required by Rule 23(a).(2) The statutory presumption of § 174 created…