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United States v. Hawkins

United States Court of Appeals for the Fourth Circuit
776 F.3d 200 (2015)


Facts

Collin Hawkins (defendant), a convicted felon, allegedly participated in a carjacking of Rueben King. King identified Hawkins as one of the carjackers. Over two weeks later, the police were investigating a separate incident that they believed involved Hawkins. Police located Hawkins and arrested him. Hawkins had a firearm on his person. The United States (plaintiff) charged Hawkins with carjacking and brandishing a firearm in connection with the carjacking (Counts I and II) and one count of being a felon in possession of a firearm due to his carrying a firearm when he was arrested (Count III). The gun that police recovered when arresting Hawkins was not the same gun that Hawkins allegedly used in the carjacking. Hawkins filed a motion to sever Counts I and II on the ground that they were improperly joined, or the alternative ground that the joinder was unduly prejudicial. The prosecution argued that the three crimes were of a similar character because they were gun-related offenses and occurred within three weeks of each other. The district court denied Hawkins’s motion and convicted Hawkins on all three counts. Hawkins appealed.

Rule of Law

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Issue

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Holding and Reasoning (Agee, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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