If a defendant stipulates to be a convicted felon, can the government prove more than one criminal conviction?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lloyd, 981 F.2d 1071 (9th Cir. 1992):

2 Several other circuits have held admission of evidence of more than one conviction may be error if the defendant stipulates to being a convicted felon. United States v. Yeagin, 927 F.2d 798 (5th Cir.1991); United States v. King, 897 F.2d 911 (7th Cir.1990); cf. United States v. Poore, 594 F.2d 39 (4th Cir.1979) (court abused its discretion when it denied a motion to strike portions of the indictment describing the felony after defendant stipulated). Two circuits have held the government may prove more than one prior felony even if the defendant offers to stipulate. See United States v. Blade, 811 F.2d 461, 466 (8th Cir.1987); United States v. Burkhart, 545 F.2d 14, 15 (6th Cir.1976).

Other Questions


Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
In what circumstances will a defendant plead not guilty to a claim that the provisions of the New York State Criminal Code apply to a defendant who has not been convicted of any criminal charges under the same statutes? ("New York", United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
On remand, if convicted of a charge under section 922(g)(1) of the Criminal Code, can the government seek to convict and sentence defendant Keen for only one violation of the federal code of conduct? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
What remedies are available to a state criminal defendant who has been convicted of a federal offence under Section 1983 of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.