United States v. Nestor Galindo, United States of America v. Miriam Galindo

Nestor William Galindo and Miriam Gal-indo appeal their convictions, following a jury trial, for conspiracy to aid and abet and for aiding and abetting the passing of counterfeit traveler’s checks in violation of 18 U.S.C. §§ 371 , 513(a), and 2. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

FACTS

Beginning on January 24, 1989, Nestor and Miriam Galindo were tried before a jury on one count of conspiracy to aid and abet the possession and passing of counterfeit traveler’s checks and on three counts of aiding and abetting the passing of counterfeit traveler’s checks. At trial, the government attempted to show that the Galindos sold counterfeit checks, induced others to cash counterfeit checks and share the proceeds with them, and induced others to use counterfeit traveler’s checks to buy merchandise at department stores, later returning the merchandise for cash refunds.

On January 25, 1989, during a recess in the trial, the Galindos and the government engaged in plea negotiations and arrived at a proposed disposition of the case. The court rejected the proposed agreement and ordered the trial to resume.

Shortly thereafter, the court explained to the jury the reason…