United States v. Timothy J. Donnelly

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Timothy J. DONNELLY, Defendant-Appellant. No. 92-30281. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 6, 1993. Decided Sept. 17, 1993. Before: SCHROEDER, FLETCHER and ALARCON, Circuit Judges. 1 MEMORANDUM * 2 Timothy J. Donnelly appeals from the district court's order sentencing him to 540 months for conspiracy to distribute cocaine, using a firearm during a drug trafficking crime, and two counts of being a felon in possession of a firearm. 3 Donnelly contends that the district court erred in denying his pretrial motions for severance of the counts of the indictment because the counts were improperly joined and the joinder prejudiced his defense at trial. Donnelly also argues that the district court erred in denying his motion for a mistrial based on the Government's late disclosure of potentially exculpatory evidence in violation of Brady…