United States v. Joe Burnley and Maria J. Cromer

Appellants, Joe Burnley and Maria J. Cromer, challenge their conviction under 21 U.S.C. § 174 for conspiracy to sell narcotics (heroin). Before this court they argue that their trials should have been severed. Mrs. Cromer further argues that certain evidence was improperly admitted as to her. We affirm.

Late in 1968, a Federal Grand Jury indicted Burnley, Cromer, and Cromer’s husband on three counts for violation of 21 U.S.C. § 174 . Three severance motions were made in 1969, with all defendants joining in each. The substantive counts were severed and dropped in response to these motions, but severance of defendants on the remaining conspiracy count was denied.

There is no doubt that the joinder of defendants under a single conspiracy charge is proper under Fed.R.Crim.P. 8(b). Rule 14, however, requires the trial court to grant severance when prejudice results from such a joinder.

In the present case, trial was eventually set for January 25, 1971. On that date appellant Cromer renewed her motion. However, it was denied and the trial began later on that date. Appellants were found guilty of the conspiracy.

Waiver of Severance

The appellants’ joint argument on appeal is that…