## Facts

- The United States charged Misty Angell in federal district court in a single indictment with (1) mail theft and (2) simple possession of a controlled substance (amphetamine/methamphetamine).
- The government alleged Angell was seen stealing mail from mailboxes.
- Angell was arrested about seven days later in connection with the mail-theft allegation.
- During prebooking/booking procedures following that arrest, officers found approximately five grams of methamphetamine on Angell.
- Angell moved to sever the two counts for trial, arguing (a) misjoinder under Federal Rule of Criminal Procedure 8(a) and (b) unfair prejudice requiring severance under Rule 14.

## Issues

1. Were the mail-theft and drug-possession counts properly joined in one indictment under Federal Rule of Criminal Procedure 8(a)?
2. If properly joined, should the court sever the counts under Federal Rule of Criminal Procedure 14 because a joint trial would unfairly prejudice Angell?

## Decision

- The court denied Angell’s motion to sever.
- The court concluded the counts were properly joined under Rule 8(a) because the drug-possession charge stemmed from the booking process tied to the arrest for the mail-theft investigation.
- The court determined Angell did not show the level of unfair prejudice required for severance under Rule 14.

## Legal Principles

- Under Federal Rule of Criminal Procedure 8(a), offenses may be joined in one indictment if they are (1) of the same or similar character, (2) based on the same act or transaction, or (3) connected with or part of a common scheme or plan.
- Offenses may be “connected” for Rule 8(a) purposes when one charge arises from law-enforcement actions taken in response to the other (such as an arrest and booking that produce additional contraband), even if the underlying conduct is separated by several days.
- Under Federal Rule of Criminal Procedure 14, even properly joined counts may be severed, but the defendant must show a serious risk that a joint trial will prevent a fair determination of guilt on each count.
- General claims that jurors may cumulate proof or draw a bad-character inference from multiple charges are usually not enough; courts often rely on instructions directing jurors to consider each count separately.

## Conclusion

In *United States v. Angell*, the district court refused to split the mail-theft and simple-possession counts into separate trials, reasoning that the drug charge was discovered during prebooking for the arrest on the mail-theft allegation and was therefore sufficiently connected for joinder under Rule 8(a), and that Angell did not demonstrate unfair prejudice warranting severance under Rule 14.


United States v. Angell, 2017 WL 1364893 (2017)