United States v. Cordae Black

MEMORANDUM

Defendants appeal their jury convictions of conspiracy to possess cocaine with intent to distribute cocaine and use of a firearm in furtherance of a drug trafficking offense. We reject their various arguments, and we affirm.

1. Motion to Sever

Defendant Timmons, joined by Mahon, argues that the district court abused its discretion in denying his motion to sever his trial from that of his codefendants.

Timmons waived this issue by failing to renew his motion to sever at the close of evidence. See United States v. Alvarez, 358 F.3d 1194, 1206 (9th Cir. 2004). He has not demonstrated that either of the recognized exceptions to the renewal requirement applies. See United States v. Decoud, 456 F.3d 996, 1008 (9th Cir.2006) (“A defendant ... will not be found to have waived his challenge if he can show either that he diligently pursued severance or that renewing the motion would have been an unnecessary formality.”). We reject his argument that filing a motion to sever and arguing the motion at a hearing constitute diligent pursuance of severance; such an argument would allow the exception to swallow the rule of renewal. Timmons’ argument that “it was apparent” the…