United States Fourth Circuit

District court's denial of a motion to sever carjacking charges from a felon possession charge by a defendant convicted of crimes related to carjacking and a subsequent arrest as a felon in possession of a firearm is affirmed in part, vacated in part and remanded where: 1) the district court erred in allowing joinder of the carjacking charges with the felon in possession charge because the charges are not of a same or similar character; 2) the misjoinder of the charges affected defendant's substantial rights because the misjoinder had substantial and injurious effect or influence in determining the jury's verdict; 3) defendant's conviction for being a felon in possession of a firearm is affirmed, but his sentence on this count is vacated as it was determined, in part, based on his convictions of the carjacking related crimes; 4) and defendant's conviction for carjacking related crimes is vacated.

Appellate Information

• Decided 12/18/2009
• Published 12/18/2009

Judges

• Before MOTZ and AGEE, Circuit Judges, and MARK S. DAVIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sicilia Englert, Lawlor & Englert, LLC, Greenbelt, Maryland, for Appellant.  Solette Allison Magnelli, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  Michael E. Lawlor, Lawlor & Englert, LLC, Greenbelt, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Jason Weinstein, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.