United States v. Douglas McClain, Jr.

MEMORANDUM

Douglas McClain appeals his conviction and sentence following a jury trial for conspiracy, mail fraud, wire fraud, securities fraud, and money laundering in violation of 18 U.S.C. §§ 2 , 371, 1341, 1343, 1957, and 15 U.S.C. § 78j(b), 78ff. Appellant contends that the district court erred in (1) denying his motion to sever his trial from that of co-defendant Jeffrey Spanier; (2) declining to give his proposed jury instruction; and (3) calculating sentencing enhancements based on financial loss under the Sentencing Guidelines. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm Appellant’s convictions and sentence.

First, we reject Appellant’s contention that the district court abused its discretion in denying a trial severance. See United States v. Adler, 879 F.2d 491, 497 (9th Cir.1988). Appellant has failed to show “clear, manifest, or undue prejudice resulting from joinder.” Adler, 879 F.2d at 497 ; United States v. Tootick, 952 F.2d 1078, 1082 (9th Cir.1991).

Appellant and Spanier’s defenses were not mutually exclusive, and thus did not prejudice Appellant. See Tootick, 952 F.2d at 1078 . The jury’s acceptance of Spanier’s defense that he was unaware…