United States v. Oscar Joaquin Hernandez

Good Law
985 F.2d 575·1993 WL 28364·1993 U.S. App. LEXIS 8913
United States Court of Appeals for the Ninth CircuitFebruary 8, 199391-30231California539 words

Opinion

Opinion

985 F.2d 575 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Oscar Joaquin HERNANDEZ, Defendant-Appellant. No. 91-30231. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1993. Decided Feb. 8, 1993. Appeal from the United States District Court for the District of Alaska; No. CR-90-00058-AJK, Andrew Kleinfeld, District Judge, Presiding. D.Alaska AFFIRMED. Before TANG, KOZINSKI and FERNANDEZ, Circuit Judges: 1 MEMORANDUM * 2 Hernandez appeals the denial of his motion to sever counts VII and XI--which involved drug possession charges--from a twenty-seven count indictment. "The district court has wide discretion in ruling on a severance motion," which will "rarely be disturbed on appeal." United States v. Conners, 825 F.2d 1384, 1391 (9th Cir.1987) (quotation and citation omitted); see also United States v. Johnson, 820 F.2d 1065, 1070 (9th Cir.1987). 3 In discussing Hernandez's severance motion, the…

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