United States v. Margaret Ann Whidden

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Margaret Ann WHIDDEN, Defendant-Appellant. No. 91-10021. United States Court of Appeals, Ninth Circuit. Submitted Aug. 15, 1991. * Decided Aug. 23, 1991. Before JAMES R. BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Margaret Ann Whidden appeals after she was convicted of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d), and use of a deadly weapon in the commission of a crime of violence in violation of 18 U.S.C. § 924 (c). A 120-month sentence was imposed. Severance 3 "Motions to sever must be timely made and properly maintained, or the right to severance will be deemed waived." United States v. Kaplan, 554 F.2d 958, 965 (9th Cir.), cert. denied, 434 U.S. 956 (1977). "To preserve the point, the motion to sever must be renewed at the close of all evidence." Id. Whidden admits she did not renew the motion to sever at the close…