United States of America, Plaintiff-appellee, v. Charles Manganiello, Aka Chico, Defendant-appellant, 947 F.2d 952 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 947 F.2d 952 (9th Cir. 1991) Argued and Submitted Oct. 7, 1991. Decided Oct. 28, 1991

Before PREGERSON and O'SCANNLAIN, Circuit Judges, and BURNS,*  District Judge.

ORDER** 

Having heard and considered the arguments of counsel, we conclude that Count Three was improperly joined with Counts One and Two. Fed. R. Crim. P. 8(a); United States v. Terry, 911 F.2d 272 (9th Cir. 1990). Because it is highly probable that this misjoinder was prejudicial as to Count Three, the conviction on this count cannot stand. As to Counts One and Two, however, the misjoinder was harmless error. United States v. Lane, 474 U.S. 438, 446 (1986). We reject appellant's other claims of error.

Accordingly, the conviction as to Count Three is REVERSED, and the judgment below is in all other respects AFFIRMED.

 *

The Honorable James M. Burns, Senior United States District Judge for the District of Oregon, sitting by designation

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3

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