Arce-Serrano

United States v. Arce-Serrano

Good Law
21 F. App'x 623
United States Court of Appeals for the Ninth CircuitOctober 16, 2001No. 00-50537; D.C. No. CR-00-00158-DT-1California944 words

Opinion

Lead Opinion

MEMORANDUM *

Antonio Arce-Serrano appeals his conviction for various firearm offenses, including making false statements when purchasing a firearm, being an illegal alien in possession of a firearm, and being a person convicted of a misdemeanor crime of domestic violence while in possession of a firearm. We affirm.

I

Arce-Serrano argues that the district court erred in denying his motion to sever the false statement counts from the possession counts.

Where joinder is proper under Fed.R.Crim.P. 8, a defendant may still be entitled to severance under Fed.R.Crim.P. 14.

Fed.R.Crim.P. 14. Counts that are properly joined will only be severed if the “ ‘joinder was so manifestly prejudicial that it outweighed the dominant concern with judicial economy and compelled exercise of the court’s discretion to sever.” ’ United States v. Whitworth, 856 F.2d 1268, 1277 (9th Cir.1988) (quoting United States v. Armstrong, 621 F.2d 951, 954 (9th Cir.1980)).

United States v. Johnson, 820 F.2d 1065, 1070 (9th Cir.1987) (quoting Drew v. United States, 331 F.2d 85, 88 (D.C.Cir.1964)). *625 A defendant must meet a heavy burden to show such an abuse, and the trial judge’s decision will seldom be…

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