Knutson

United States v. Knutson

Good Law
9 F. App'x 706
United States Court of Appeals for the Ninth CircuitMay 24, 2001No. 00-30196; D.C. No. CR-98-60019-1-HOCalifornia449 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant, Robin Lee Knutson (“Knutson”), was found guilty by a jury, in a *707 joined trial, of committing armed bank robbery and of manufacturing, and possessing, with the intent to distribute methamphetamine, with use of a firearm.

Knutson alleges the district court improperly joined the charges relating to the armed bank robbery on December 16, 1997, with the gun and drug charges relating to Knutson’s arrest on January 24, 1998. We find no error in the district court’s decision to join the counts because Knutson’s use of a gun was common to all counts. Even if this Court found that the district court improperly joined counts 1 and 2 with counts 3, 4 and 5, any alleged misjoinder was harmless error in light of the amount of evidence admitted against Knutson, including his own admissions.

Knutson alleges the Jencks Act entitles him to a mistrial on the charges of bank robbery, or, in the alternative, to strike the testimony of Carmen Bergby. The basis of Knutson’s motions was that the Government failed to produce the notes of an alleged interview conducted of Ms. Bergby by the FBI. The Jencks Act’s provisions are inapplicable to this case because the district…

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