United States v. Francisco Alcaraz

MEMORANDUM

Francisco Alcaraz appeals his conviction and sentence for three counts of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1), 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Defendant argues the district court erred by joining the three counts for trial and abused its discretion by denying Defendant’s motion to sever. The district court did not err in joining the counts because the counts were similar offenses. United States v. Jawara, 474 F.3d 565, 578 (9th Cir. 2007); United States v. Rousseau, 257 F.3d 925, 932 (9th Cir. 2001). The district court did not abuse its discretion in denying Defendant’s motion to sever because the joinder of offenses did not prejudice Defendant. United States v. VonWillie, 59 F.3d 922, 930 (9th Cir. 1995).

Defendant argues the district court erred by denying Defendant’s motion to suppress evidence of a firearm found by a police officer in the car he was driving. The district court did not err because Defendant gave the officer consent to enter the car. United States v. Rubio, 727 F.2d 786, 796 (9th Cir. 1983). The officer then saw the firearm in plain view and immediately knew the…