United States v. Henry Francis Kelley

RE, Chief Judge.

Appellant, Henry Francis Kelley, was convicted of various firearms violations in a non-jury trial before Judge A. David Mazzone of the United States District Court for the District of Massachusetts. He appeals from the denial of his motions 1) to Vacate Judgment and Sentence, and for a New Trial, and 2) that Judge Mazzone disqualify himself from ruling on that motion.

Kelley contends that he did not knowingly and intelligently waive his right to a trial by jury because neither he nor his attorney, Mr. William J. Cintolo, at the time of the waiver knew that Judge Mazzone, almost…