United States v. Reyes Vega

MEMORANDUM

Reyes Vega and Aurora Barrera appeal their convictions for conspiracy to commit bank robbery and bank robbery by use of a dangerous device. We have jurisdiction pursuant to 18 U.S.C. § 1291 , and we affirm.

1. The defendants did not preserve the issue of severance, thereby waiving the claim on appeal. “Motions to sever must be timely made and properly maintained, or the right to severance will be deemed waived.” United States v. Kaplan, 554 F.2d 958, 965 (9th Cir. 1977). Failure to renew a severance motion at the close of evidence “generally waives appellate review” unless the defendant “ ‘can show either that he diligently pursued severance or that renewing the motion would have been an unnecessary formality.’” United States v. Sullivan, 522 F.3d 967, 981 (9th Cir. 2008) (quoting United States v. Decoud, 456 F.3d 996, 1008 (9th Cir. 2006)). Barrera did not renew her motion to sever at the close of evidence, and she did not demonstrate that she otherwise pursued severance or that a renewed motion at the close of evidence would have been futile. Vega failed entirely to move for severance or to join in Barrei'a’s severance motion. Both defendants thus waived the issue…