Charles Delgado v. United States

We have examined appellant’s specifications of error in this appeal from his conviction under 21 U.S.C. § 174 and 26 U.S.C. § 4705 (a), and find them to be without merit. Only one requires discussion.

Appellant contends that he was denied four of the ten peremptory challenges to which he was entitled under Rule 24(b), Federal Rules of Criminal Procedure.

The record discloses that after appellant had exercised six peremptory challenges, both the appellant and the government passed a venireman for cause. The court then stated, “Peremptory is with the defendant.” At this point government counsel requested a bench conference. In the course of this conference, out of the presence of the jury, the trial judge and both counsel engaged in a colloquy from which it is unmistakably clear that all three were under the misapprehension that appellant was entitled to only six peremptory challenges. Appellant’s counsel thought, however,, that he had challenged only five veniremen peremptorily. Upon being advised that he had challenged six, he agreed that he was entitled to no additional peremptory challenges.

On the second day of the trial the court informed appellant and his counsel that a…