United States v. Steven James Fleener, United States of America v. James Edward Fleener

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven James FLEENER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Edward FLEENER, Defendant-Appellant. Nos. 94-10481, 94-10490. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1995. Decided Aug. 16, 1995. Before: SNEED, CANBY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 James Fleener and his brother, Steven Fleener, appeal their convictions for bank robbery. Appellants claim that the district court erred by denying their motions for severance and by sentencing them as career offenders under the Sentencing Guidelines. James Fleener also argues that the district court erred by refusing to declare a mistrial and that the fruits of the search incident to his arrest should have been suppressed because probable cause to arrest him was lacking. We affirm. I. FACTS AND PROCEEDINGS BELOW 3 At about 1:30 p.m. on…