United States v. Jackson

MEMORANDUM *

William Jackson appeals his conviction and sentence on two counts of possession *583 with intent to distribute methamphetamine in excess of ten grams and one count of conspiracy to distribute and possess with intent to distribute methamphetamine in excess of ten grams, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(B), and 846. We affirm his conviction and sentence.

I.

Jackson waived his right to be present at the side-bar voir dire during jury selection. Although he had the right under the Constitution and the Federal Rules of Criminal Procedure to be present, see Campbell v. Wood, 18 F.3d 662, 671 (9th Cir.1994) (en banc); Fed.R.Crim.P. 43(a), he could waive that right both under the Constitution, see Campbell, 18 F.3d at 671-72 , and under the Rule, see Fed. R.Crim.P. 43(b)(1). Contrary to Jackson’s contention, his waiver need not be made expressly on the record; so long as he is aware of the trial conference, he must affirmatively assert his right to be present or it is waived. See United States v. Gagnon, 470 U.S. 522, 528 , 105 S.Ct. 1482 , 84 L.Ed.2d 486 (1985) (Rule 43). We have applied this requirement to side-bar conferences. See United States v.…