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U.S. v. HAWKINS

No. 08-4576.

589 F.3d 694 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Collin HAWKINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 18, 2009.

Attorney(s) appearing for the Case

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.

Affirmed in part, vacated in part, and remanded by published opinion. Judge AGEE wrote the opinion, in which Judge DAVIS joined. Judge MOTZ wrote an opinion concurring in the judgment.

OPINION

AGEE, Circuit Judge:

Collin Hawkins was indicted on separate counts related to a carjacking and a subsequent arrest as a felon in possession of a firearm. Prior to trial, Hawkins timely moved the court to sever the carjacking counts from the felon in possession charge on the grounds of improper joinder. The district court denied the motion and Hawkins was found guilty by a jury on all counts. For the reasons that follow, we affirm the judgment of...

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