United States v. Jaime W. Nixon, III

Nixon appeals from his conviction in a trial to the court for.possession of counterfeit Federal Reserve notes ( 18 U.S.C. § 422 ). We affirm.

At arraignment, Nixon pleaded “Not Guilty.” He had counsel. Prior to trial, he and his counsel signed and filed a “Statement of Defendant’s Constitutional Rights” and a waiver of trial by jury and waiver of special findings of fact. On the date of trial, the Government filed three exhibits: (1) six counterfeit notes, (2) a written statement of what Nixon had said to Secret Service agents, and (3) a written “Stipulation of Fact” signed by Government counsel and by Nixon and his counsel as to the testimony of three Government agents. No objection was made to the introduction in evidence of the exhibits. No other evidence was presented by the Government, and Nixon rested without offering any. The district court found him guilty.

Three months after he was sentenced, at a hearing for modification of sentence, Nixon moved for a new trial for failure of the court to advise him about the submission of the case on a set of stipulated facts. The court denied the motion.

Appellant contends that the district court erred in not advising him of his…