United States v. Inez Eaton Guerrero, Patrick John O'shea, Stephen Michael Kessler, Cynthia Walker and Donald Gene Booth

Defendants appeal their convictions from a jury trial on charges of conspiracy to commit bank robbery, bank robbery, distribution of heroin, and receipt of money taken illegally from a bank.

I. Joint Trial and Severance

Where both multiple defendants and multiple offenses are involved, the propriety of joinder is governed by Fed.R. Crim.P. 8(b). United States v. Ford, 632 F.2d 1354, 1371 (9th Cir.1980), cert. denied, 450 U.S. 934 , 101 S.Ct. 1399 , 67 L.Ed.2d 369 (1981). Whether separate acts constituting separate offenses are within the same series as required for joinder under Rule 8(b) depends on the degree to which the acts are related. United States v. Satterfield, 548 F.2d 1341, 1344 (9th Cir.1977), cert. denied, 439 U.S. 840 , 99 S.Ct. 128 , 58 L.Ed.2d 138 (1978). Separate acts are related if they arise out of a “common plan, scheme, or conspiracy.” United States v. Ford, 632 F.2d at 1372 . As the conspiracy charged encompassed both the robbery and drug offenses, the joinder of these defendants and offenses was proper under the Rule.

Nor did the district court abuse its discretion in denying defendants’ motions for severance under Fed.R.Crim.P. 14. The district court…