Cite as: 519 U. S. 172 (1997)
Opinion of the Court
The Assistant United States Attorney refused to join in a stipulation, insisting on his right to prove his case his own way, and the District Court agreed, ruling orally that, "If he doesn't want to stipulate, he doesn't have to." Id., at 15-16. At trial, over renewed objection, the Government introduced the order of judgment and commitment for Old Chief's prior conviction. This document disclosed that on December 18, 1988, he "did knowingly and unlawfully assault Rory Dean Fenner, said assault resulting in serious bodily injury," for which Old Chief was sentenced to five years' imprisonment. Id., at 18-19. The jury found Old Chief guilty on all counts, and he appealed.
The Ninth Circuit addressed the point with brevity:
"Regardless of the defendant's offer to stipulate, the government is entitled to prove a prior felony offense through introduction of probative evidence. See United States v. Breitkreutz, 8 F. 3d 688, 690 (9th Cir. 1993) (citing United States v. Gilman, 684 F. 2d 616, 622 (9th Cir. 1982)). Under Ninth Circuit law, a stipulation is not proof, and, thus, it has no place in the FRE 403 balancing process. Breitkreutz, 8 F. 3d at 691-92.
. . . . . "Thus, we hold that the district court did not abuse its discretion by allowing the prosecution to introduce evidence of Old Chief's prior conviction to prove that element of the unlawful possession charge." No. 94- 30277, 1995 WL 325745, *1 (CA9, May 31, 1995) (unpublished), App. 50-51, judgt. order reported at 56 F. 3d 75 (1995).
We granted Old Chief's petition for writ of certiorari, 516 U. S. 1110 (1996), because the Courts of Appeals have divided sharply in their treatment of defendants' efforts to exclude evidence of the names and natures of prior offenses in cases like this. Compare, e. g., United States v. Burkhart, 545
some such instruction and withdrew the request only after the court had charged the jury.
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