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United States of America v. Miguel Hernandez-Reyes

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 17, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MIGUEL HERNANDEZ-REYES,
DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

Before the Court is defendant Miguel Hernandez-Reyes's Motion for a Non-jury Trial (Docs. 30 & 31) seeking to waive his right to a jury trial in this matter. Defendant's Motion is in writing and includes his signature (Doc. 31), and the Government has consented to Defendant's Motion (Doc. 32). According to the RULES OF CRIMINAL PROCEDURE, "[i]f the defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves." FED.R.CRIM.PRO.23. A waiver must be with the defendant's express, intelligent consent. Singer v. United States, 380 U.S. 24, 34 (1965) (quoting Adams v. United States ex rel McCann, 317 U.S. 269, 277 (1942)). In addition, the duty of the trial court in approving a waiver"is not to be discharged as a mere matter of rote, but with sound and advised discretion, . . . ." Id. (quoting Patton v. United States, 281 U.S. 276, 312 (1930)).

To ensure that Defendant's waiver is based on his express, intelligent consent, the Court will conduct an oral colloquy before trial, on the record. Consequently, Defendant's Motion for a Non-jury Trial (Docs. 30 & 31) is hereby GRANTED, pending final approval of Defendant's waiver by the Court. Defendant's current jury-trial setting of Monday, March 21, 2011, at 9:00 a.m., is hereby canceled. A bench trial will be set for Tuesday, March 22, 2011, at 9:30 a.m.

IT IS SO ORDERED.

Digitally signed by

David R. Herndon Chief Judge United States District Court

Date: 2011.03.17 09:33:55 -05'00'

20110317

© 1992-2011 VersusLaw Inc.



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