United States v. Ruben Ultreras

MEMORANDUM

Ruben Ultreras (“Ultreras”) appeals his conviction arising from a cocaine trafficking conspiracy, arguing error in the denial of his motion to sever, vindictive prosecution in violation of his due process rights, and improper application of a two-level sentencing enhancement. We affirm.

A. Denial of Severance Motion

A district court’s denial of a motion for severance is reviewed for an abuse of discretion. United States v. Decoud, 456 F.3d 996, 1008 (9th Cir.2006). “The test for abuse of discretion by the district court is whether a joint trial was so manifestly prejudicial as to require the trial judge to exercise his discretion in but one way, by ordering a separate trial.” Id. (internal quotation marks omitted).

The government argues Ultreras waived his severance claim when he failed to renew it at the close of evidence. We need not decide the waiver issue because even if Ultreras preserved his severance claim, the denial of severance was not an abuse of discretion.

The witnesses called at the joint trial of Ultreras and his co-defendant, Francisco Valle-Hurtado (“Valle-Hurtado”), were relevant to the conspiracy charge Ultreras would have faced in an individual…