Nunez

MEMORANDUM ***

Julian Nevarez Nunez (“Nunez”) appeals his conviction and sentence, following a bench trial, for conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute phenethylamine, a controlled substance analogue, in violation of 21 U.S.C. §§ 813 , 841(a)(1), and 846. Nunez argues that his waiver of his Sixth Amendment right to a jury trial was not voluntarily, knowingly, and intelligently made. We have jurisdiction pursuant to 28 U.S.C. *777 § 1291 . We review de novo. See United States v. Duarte-Higareda, 113 F.3d 1000, 1002 (9th Cir.1997). We affirm.

Nunez’s right to a jury trial is a fundamental right guaranteed by the Sixth Amendment. U.S. Const, amend. VI; Duarte-Higareda, 113 F.3d at 1002 . Nunez, however, may waive his right to a jury trial if the following four conditions are met: (1) the waiver is in writing; (2) the government consents; (3) the court accepts the waiver; and (4) the waiver is made voluntarily, knowingly, and intelligently. Id. (citing United States v. Cochran, 770 F.2d 850, 851 (9th Cir.1985)). Only the last condition is contested in this case.

Compliance with Fed. R.Crim. P. 23(a), requiring a…