UNITED STATES v. LOCKWOOD

No. 78-5631 Summary Calendar.

604 F.2d 7 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Thomas LOCKWOOD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 3, 1979.


Attorney(s) appearing for the Case

Roddy L. Harrison, Pecos, Tex. (Court-appointed), for defendant-appellant.

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.


PER CURIAM:

Donald Thomas Lockwood was convicted, following a bench trial, on a three-count indictment charging him with two marijuana offenses, 21 U.S.C. §§ 841(a)(1) and 846 (1976), and the unlawful possession of a sawed-off shotgun, 26 U.S.C. § 5861(d) (1976). He raises three points on appeal; the first two require brief discussion.

The trial below took place without a jury despite the absence of a written waiver by the defendant. Fed.R.Crim...

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