United States v. Royal Barney

The joinder of the charge against appellant and Johnson of knowingly transporting a stolen vehicle in interstate commerce with the charge against Johnson of perjury did not violate Fed.R.Crim.P. 8(b). The perjury count against Johnson alleged that he lied to the grand jury about a receipt found in appellant’s possession when appellant was apprehended while driving the stolen truck. This receipt, which bore Johnson’s fingerprint, was relevant evidence against appellant on the stolen vehicle charge as well as against Johnson on the perjury count. Thus, Johnson’s alleged false testimony related directly to the illegal transaction with which appellant was charged. See United States v. Friedman, 445 F.2d 1076, 1083 (9th Cir. 1971). Indeed, the facts underlying the joined offenses were so intertwined that most of the evidence admissible in proof of one was also admissible in proof of the other. In these circumstances joinder served the purpose of Rule 8(b): It permitted significant gains in trial efficiency without subjecting the defendants to substantial prejudice. United States v. Martin, 567 F.2d 849 (9th Cir. 1977); United States v. Satterfield, 548 F.2d 1341, 1344 (9th Cir. 1977);…