Mack

MEMORANDUM **

Leroy Mack (“Mack”) appeals his conviction and sentence for distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1). We affirm.

Mack argues that the district court erred by failing to obtain a written waiver of his right to a jury trial and by not adequately canvassing him to determine whether his waiver was knowing, intelligent, and voluntary.

“The adequacy of a jury waiver is a mixed question of fact and law which this court reviews de novo.” United States v. Duarte-Higareda, 113 F.3d 1000, 1002 (9th Cir.1997) (citing United States v. Christensen, 18 F.3d 822, 824 (9th Cir. 1994)). The right to a jury trial may only be waived if: (1) the waiver of the right is in writing; (2) the government consents; (3) the court accepts the waiver; and (4) the waiver is made voluntarily, knowingly, and intelligently. Duarte-Higareda, 113 F.3d at 1002 (citing Fed. R. Crim P. 23(a)). Failure to obtain written waiver of the right to a jury trial does not constitute reversible error, however, where the record reflects an express, knowing, and intelligent oral waiver of the right. United States v. Saadya, 750 F.2d 1419, 1420 (9th Cir.1985) (the only exception…