United States v. Carmenate, No. 07-2421 (2d Cir. September 24, 2008) (Cabranes, Pooler, Katzmann, CJJ) (per curiam)
Carmenate was charged with bank fraud. His counsel, fearing the consequences of having the jury hear from a witness that he believed was biased, asked for a bench trial. The government agreed, and, at the court’s request, counsel submitted a written jury waiver that bore counsel’s signature, but not the defendant’s. The judge allocuted the defendant extensively, then accepted the waiver. He convicted Carmenate and sentenced him to forty-one months’ imprisonment.
On appeal, the circuit held that the jury waiver was adequate, even if the procedure was less than perfect. Carmenate was present when his counsel asked for a bench trial and when the court asked for a written waiver. He was also present when the judge reviewed the written request and was sufficiently allocuted. While it is true that the judge did …