District court's denial of a motion to sever carjacking charges from a felon possession charge by a defendant convicted of crimes related to carjacking and a subsequent arrest as a felon in possession of a firearm is affirmed in part, vacated in part and remanded where: 1) the district court erred in allowing joinder of the carjacking charges with the felon in possession charge because the charges are not of a same or similar character; 2) the misjoinder of the charges affected defendant's substantial rights because the misjoinder had substantial and injurious effect or influence in determining the jury's verdict; 3) defendant's conviction for being a felon in possession of a firearm is affirmed, but his sentence on this count is vacated as it was determined, in part, based on his convictions of the carjacking related crimes; 4) and defendant's conviction for carjacking related crimes is vacated.
Argued: September 25, 2009
Decided: December 18, 2009
Opinion by Circuit Judge Agee
For Appellant: Sicilia Englert, Lawlor & Englert, LLC
For Appellee: Solette Allison Magnelli, Office of the US Attrorney