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United States Second Circuit


US v. Carmenate, 072421

Conviction for bank fraud is affirmed where defendant's waiver of his constitutional right to a jury trial was knowing, voluntary, and intelligent in light of defendant's: 1) presence at a pre-trial conference at which his attorney requested a bench trial; 2) presence at another pre-trial conference at which the District Court requested a written waiver; 3) counsel's letter to the District Court requesting a bench trial; 4) oral waiver of his right after questioning by the District Court; and 5) personal knowledge of the criminal justice system.

Appellate Information

  • Decided 09/24/2008
  • Published 09/24/2008

Judges

Court

  • United States Second Circuit

Counsel

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