United States v. James Wesley Akers

Appellants were convicted on a variety of charges stemming from the bombing of two military recruiting stations in Portland, Oregon, in January 1973. We reverse the convictions under counts charging violation of 18 U.S.C. § 924 (c)(2), and affirm as to the other counts.

1. Appellant Wallace contends that his initial joinder with the other defendants was improper. Rule 8(b) of the Federal Rules of Criminal Procedure allows initial joinder if each of the charges against the defendants arises from the same series of acts or transactions in which all defendants participated. Williamson v. United States, 310 F.2d 192 , 197 n. 16 (9th Cir. 1962). This condition was satisfied. All of the allegations in the indictment stem from the same nucleus of acts.

Wallace’s motion for severance under Rule 14 was properly denied. The independent evidence of his guilt was substantial. Compare United States v. Donaway, 447 F.2d 940, 943 (9th Cir. 1971). He had his own counsel, the charges and supporting evidence were not complex, and the jury was carefully instructed as to the use of the evidence against each defendant. See Wil liamson v. United States, supra, 310 F.2d at 197-98 .

2. The motions of…