Can a defendant waive his right to testify on his own behalf by not signing a written waiver?

Appellant does not raise any issue of law. He contends that he may not have waived his right to testify on his own behalf because he did not sign a written waiver. However, a waiver need not be written to be effective. See 18 U.S.C. Sec. 3481 (1982) (authorizing accused to testify at his own request ) (emphasis added); United States v. Systems Architects, Inc., 757 F.2d 373, 375-76 (1st Cir.), cert. denied, --- U.S. ----, 106 S.Ct. 139, 88 L.Ed.2d 115 (1985); see also United States v. Ives, 504 F.2d 935, 941 (9th Cir.1974) (holding that defendant can waive right to testify through contumacious conduct), vacated, 421 U.S. 944, 95 S.Ct. 1671, 44 L.Ed.2d 97 (1975); reinstated in relevant part and vacated in part, 547 F.2d 1100 (9th Cir.1976), cert. denied, 429 U.S. 1103, 97 S.Ct. 1130, 51 L.Ed.2d 554 (1977). To the extent that appellant maintains that he did not actually waive his right to testify or that his waiver was not knowing and voluntary and that he would have testified given the chance, these are issues of fact, which may be raised in a section 2255 proceeding.

We therefore deny appellant's request for a remand.