Sterner

MEMORANDUM

Defendant-appellant Nicholas Sterner (“Sterner”) appeals from his conviction for conspiracy to possess and possession of stolen treasury checks. We affirm.

BACKGROUND

On July 23, 1991, a jury convicted Sterner of conspiracy to possess stolen treasury checks pursuant to 18 U.S.C. § 371 , and possession of stolen treasury checks pursuant to 18 U.S.C. § 510 . Sterner was sentenced to twenty-one months in custody and three years supervised release. Sterner timely appealed, and in a published decision, we reversed the conviction and remanded for a new trial based on an error in the entrapment instruction given to the jury. United States v. Sterner, 23 F.3d 250 (9th Cir.1994).

On June 13, 1995, a second jury trial began. Wayne Pederson, a government informant who testified against Sterner at the first trial, was unavailable to testify at the second trial. Accordingly, pursuant to a motion by the government, Pederson’s testimony from the first trial was read into the record. Sterner was again convicted on both counts, and he was sentenced to twenty-one months in custody and two years supervised release.

After his second conviction, in September 1995, Sterner filed a…