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UNITED STATES v. McCURDY

No. 71-2353.

450 F.2d 282 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. H. Kenneth McCURDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 26, 1971.

Attorney(s) appearing for the Case

Charles T. McCutcheon, (argued), San Diego, Cal., for appellant.

Brian E. Michaels, Asst. U. S. Atty., (argued), Harry D. Steward, U. S. Atty., Stephen G. Nelson, Acting Chief, Crim. Div., San Diego, Cal., for appellee.

Before WRIGHT and CHOY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

Appellant McCurdy was convicted of smuggling and transporting marijuana in violation of 21 U.S.C. § 176a.

The sole issue on appeal is whether McCurdy validly waived jury trial within the terms of Rule 23(a), Federal Rules of Criminal Procedure. The Rule provides:

(a) Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing...

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