United States v. Page, 2011 U.S. App. LEXIS 19081

Defendant Anthony Page was charged in a multi-count indictment with narcotics offenses and felon-in-possession of a firearm after a prior felony conviction.
Counts 2–5 were narcotics offenses; Count 6 charged Page with possessing a firearm after a prior felony.
The government sought to join all counts in one trial; Page moved to sever Count 6 from the narcotics counts.
The district court denied severance and allowed joinder with a limiting instruction.
A cooperating witness and Sullivan (Page’s girlfriend) testified regarding drug distribution; heroin and a gun were found at Sullivan’s apartment and Page admitted ownership after arrest.
Page had a prior New Jersey felony conviction, which served as the element for felon-in-possession when charged.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of severance was an abuse of discretion	Government contends joinder is proper and limiting instructions cure prejudice	Page contends joinder causes substantial prejudice from prior conviction	No abuse; severance not required; joinder proper
Whether limiting instructions sufficiently protected against prejudice	Limiting instruction plus stipulation mitigates risk	Instructions insufficient to prevent prejudice	Adequate precautions; no substantial prejudice demonstrated

United States v. Blakney, 941 F.2d 114 (2d Cir. 1991) (joinder and economy basic premises; evidence interconnected)
United States v. Ruiz, 894 F.2d 501 (2d Cir. 1990) (sufficient logical connection between counts for joinder)
Zafiro v. United States, 506 U.S. 534 (1993) (trial courts may cure prejudice with limiting instructions)
United States v. Chevere, 368 F.3d 120 (2d Cir. 2004) (prior conviction element cannot be removed from jury consideration in felon-in-possession case)
United States v. Amante, 418 F.3d 220 (2d Cir. 2005) (limits on prejudice when prior conviction is element of offense)