United States v. Ralph Moreno

MEMORANDUM

This is a direct criminal appeal from Appellant Ralph Douglas Moreno’s (“Moreno”) convictions for conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846 ; possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(A)(viii); and felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Moreno also challenges the district court’s order to forfeit $75,366 in illegal drug proceeds. See 21 U.S.C. § 853. Finding no reversible error, we affirm.

I. Severance Motion

Moreno contends that the district court erred in denying his motion to sever his trial from that of his co-defendant, Roman Borquez (“Roman”), a prison inmate and member of the Arizona Mexican Mafia. Federal Rule of Criminal Procedure 14(a) provides that “[i]f the joinder of offenses or defendants in ... consolidation for trial appears to prejudice a defendant or the government, the court may order separate trials of counts, sever the defendants’ trials, or provide any other relief that justice requires.” The district court’s denial of a motion to sever is reviewed for abuse of discretion. United States v.…