United States v. Jack Sexton

MEMORANDUM

Jack Sexton and Ronald Kettells were convicted of three counts of armed bank robbery, three counts of using a firearm during and in relation to a crime of violence, and one count of conspiracy. On appeal, they challenge the denial of their motions to sever counts, to suppress evidence, and to exclude evidence of drug use, and the district court’s refusal to instruct the jury on the effect of drug use on witness credibility. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

1. Regardless of whether it is viewed as invoking Rule 8 or Rule 14 of the Federal Rules of Criminal Procedure, the motion to sever was properly denied.

a. The indictment alleges that the substantive counts were committed in furtherance of a single, overarching conspiracy. The substantive counts were therefore part of a “common scheme or plan” for joinder purposes. Fed.R.Crim.P. 8(a). The defendants do not challenge the sufficiency of the evidence supporting the guilty verdict on the conspiracy count. Thus, the conspiracy count was not added in bad faith. See United States v. Abushi, 682 F.2d 1289, 1296 (9th Cir.1982).

b. The defendants have not shown “‘clear,’ ‘manifest,’ or ‘undue’…