Nunez-Villegas

MEMORANDUM *

Celso Nunez-Villegas appeals his conviction for one count of felon in possession of a firearm, 18 U.S.C. 922(g), and one count *630 of possession of an unregistered firearm, 26 U.S.C. § 5861 (d). He argues that the district court violated his Sixth Amendment right to confrontation when it gave the jury a copy of his indictment, which alleged that his prior felony conviction was for possession of narcotics for sale. This information about the nature of the conviction was excluded from Nunez-Villegas’ stipulation to the fact of the prior felony and was unsupported by evidence at trial. As a result, Nunez-Villegas contends, the jury received improper information that affected its verdict, thus entitling him to a new trial. We disagree and affirm the conviction.

The Sixth Amendment is violated by “[a] jury’s exposure to extrinsic evidence” not presented at trial. Raley v. Ylst, 470 F.3d 792, 803 (9th Cir.2006). Our circuit has not yet decided whether unsupported allegations in an indictment constitute improper “extrinsic evidence.” We need not do so here because, under any standard of review, any error did not contribute to the verdict. See United States v. Utz, 886…