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Joinder Improper & Prejudicial In Trial for Carjacking and Later Felon In Possession

By Jonathan Byrne

US v. Hawkins: Hawkins was a suspect in the carjacking of a cab in Baltimore, during which it was alleged he threatened to shoot the driver. When authorities tracked down Hawkins at a convenience store, he made movements indicating he might be armed. He was subdued and a pistol recovered from him. As a result of these activities, Hawkins was charged with carjacking, a 924(c) count for the use of a firearm therein, and being a felon in possession of a firearm, based on the pistol recovered during his arrest. Prior to trial, Hawkins sought to sever the two counts related to the carjacking from the felon in possession count, but the district court denied his request. Hawkins was convicted on all three counts.On appeal, Hawkins argued that the district court erred by denying his motion to sever...continue to full post

Full post as published by Fourth Circuit Blog on January 11, 2010 (boomark / email).