MARTIN REIDINGER, District Judge.
I. PROCEDURAL BACKGROUND
On April 4, 2017, the Defendant was charged in a Bill of Indictment with three counts of possession of a firearm or ammunition after having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g)(1). Specifically, Count One charges the Defendant with possessing a C3 Defense Inc., .223 caliber rifle and 100 rounds of Remington .223 caliber ammunition on or about September 30, 2014; Count Two charges the Defendant with possessing one round of Remington brand .22 caliber ammunition on or about April 12, 2015; and Count Three charges the Defendant with possessing 219 rounds of various ammunition
On May 24, 2017, the Defendant filed the present Motion, seeking to sever for trial each count of the Bill of Indictment. [Doc. 16].
Rule 8 of the Federal Rules of Criminal Procedure provides, in pertinent part, as follows:
Fed. R. Crim. P. 8(a). The Court may sever the charged offenses, however, if the joinder of such offenses "appears to prejudice" a party. Fed. R. Crim. P. 14(a).
The Fourth Circuit has recognized that "[w]here offenses are properly joined under Rule 8(a), severance of the offenses is rare."
In the present case, the Defendant is charged with three counts of possessing a firearm and/or ammunition on three separate occasions. The charged counts are all of a similar character such that joinder of these offenses is appropriate under Rule 8(a).
In arguing for severance, the Defendant contends that there is a risk of undue prejudice because the jury may be inclined to convict on one count based on evidence pertaining to the other, unrelated counts of possession. [Doc. 16 at 3-4]. The risk of this occurring, however, is diminished by the fact that the Court will provide a limiting instruction admonishing the jury that they must consider each count, and the evidence pertaining to that count, separately.