United States v. Curtis Tichenor

MEMORANDUM

Curtis Keith Tichenor appeals from his convictions for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1), robbery in violation of 18 U.S.C. § 1951 (a) and brandishing a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924 (c)(1)(A). We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

1. We reject Tichenor’s argument that the felon-in-possession count was mis-joined with the robbery-related charges. See United States v. VonWillie, 59 F.3d 922, 929-30 (9th Cir.1995) (joinder proper when the indictment charges the defendant with being a felon in possession of the same weapons used in the commission of other charged crimes and evidence overlaps).

2. Tichenor’s argument that the district court abused its discretion by refusing to sever the felon-in-possession count fails because he cannot establish that the joint trial was “manifestly prejudicial.” United States v. Lewis, 787 F.2d 1318, 1321 (9th Cir.), opinion amended on denial of reh’g, 798 F.2d 1250 (9th Cir.1986); see VonWillie, 59 F.3d at 930 . The prosecutor stipulated to the prior conviction and did not present any additional evidence about the crime.…