United States v. Mario Denane Fultz

60 F.3d 835 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario Denane FULTZ, Defendant-Appellant. No. 94-50119. United States Court of Appeals, Ninth Circuit. Submitted Dec. 7, 1994. * Decided July 3, 1995. Before: FARRIS, POOLE, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Fultz appeals his conviction, following a jury trial, for two counts of robbery on a government reservation under 18 U.S.C. Sec. 2111 , and two counts of using and carrying a firearm during a crime of violence under 18 U.S.C. Sec. 924 (c)(1). The charges stem from two separate robberies at Camp Pendleton Military Base, one that netted $1600 in August 1992, and the second a $122,000 heist in January 1993. Appellant argues that the district court erred by admitting the incriminating testimony voluntarily given by his wife, Shelly Fultz, and refusing to sever the charges against him and try the two robberies separately. We affirm the rulings…