Professional Documents
Culture Documents
No. 12-4689
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
James K. Bredar, District Judge.
(8:10-cr-00271-JKB-1)
Submitted:
Decided:
June 3, 2014
PER CURIAM:
Patrick Fitzgerald Sweeney appeals his convictions for
possession
with
violation
of
heroin
March
on
intent
21
U.S.C.
23,
to
distribute
841(a)(1)
2009,
resulting
heroin
(Count
(2012);
in
death
1),
in
distribution
of
(Count
2),
in
of
843(b).
On
appeal,
Sweeney
asserts
that
the
We affirm.
argues
that
the
district
court
erred
by
denying his motion to sever Counts 1-3 from the remaining counts
because the counts were not related.
or
are
connected
with
or
constitute
parts
of
Joinder of
v.
(internal
Hawkins,
quotation
589
F.3d
marks
694,
702-03
omitted).
In
(4th
United
Cir.
determining
2009)
whether
novo
offenses
review,
was
we
proper
conclude
under
that,
Rule
here,
8(a).
the
See
After our
joinder
United
of
States
the
v.
Mouzone, 687 F.3d 207, 219 (4th Cir. 2012) (stating standard of
review), cert. denied, 133 S. Ct. 899 (2013).
Sweeney
next
together
prejudiced
district
courts
asserts
him.
refusal
that
To
to
having
the
successfully
sever
under
counts
tried
challenge
[Fed.
R.
Crim.
the
P.]
jury
innocence.
2011)
from
making
reliable
judgment
about
guilt
or
(internal
quotation
marks
3
omitted).
After
thorough
separately
considering
each
count.)
(internal
quotation
refusing
to
strike
an
allegedly
improper
portion
of
the
improper[]
and
so
prejudiced
the
defendants
Assuming,
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED