United States v. Manuel Delgado

BAUER, Circuit Judge.

Manuel Delgado was charged with two counts of distributing cocaine in violation of 21 U.S.C. § 841(a)(1). He was convicted of both counts in a bench trial. He claims on appeal that the trial court failed to ascertain that he knowingly and intelligently waived a jury trial and that the evidence presented at trial was insufficient to support the conviction on count II. We reverse and remand.

I

Count II of the indictment charged Delgado with distributing cocaine in a sale that occurred October 15, 1979. Viewing the evidence in the light most favorable to the Government, we…