United States v. Richard Corum

MEMORANDUM

A jury found Defendant-Appellant Richard Corum guilty of one count each of conspiracy to distribute oxycodone in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(C), and 846, and threatening a witness with ■intent to influence his testimony in violation of 18 U.S.C. § 1512 (a)(2)(A) and (a)(3)(B). The district court sentenced Co-rum to terms of imprisonment of 120 months on the conspiracy count and 36 months on the witness tampering count, to run concurrently. Corum appeals his conviction on both counts. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

Corum argues that the district court abused its discretion in failing to order separate trials on the conspiracy and tampering counts for two reasons. First, Co-rum argues that a video depicting Corum attacking a coconspirator in an Anchorage jail was admissible only as to the tampering count, and sufficiently prejudicial as to. the conspiracy count to require severance. Corum waived this argument by failing to raise it in the district court before trial. See Fed.R.Crim.P. 12(b)(3)(D); United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir.2002). And even if we may review Corum’s contention for plain error, no such…