United States v. Charles Dewitt Marts
Opinion
Opinion
28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Charles Dewitt MARTS, Defendant-Appellant. No. 93-50452. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1994. Decided June 23, 1994. Before: FLETCHER, CANBY, and HALL, Circuit Judges. 1 MEMORANDUM * 2 Charles Dewitt Marts appeals his conviction for being a felon in possession of ammunition in violation of 18 U.S.C. Sec. 922 (g)(1). Prior to trial, the parties agreed to stipulate that Marts was a convicted felon. At trial, the district court read the stipulation to the jury. Marts therefore contends the district court erred when it (1) refused to redact the indictment to eliminate reference to the nature of his previous felony conviction and (2) allowed the government to ask two questions about this previous conviction. 3 In this circuit, it is within the government's discretion to accept or reject an offer to stipulate. " 'Regardless of…