United States v. Norman Garcia

MEMORANDUM

Norman Garcia was indicted on two counts of Assault with a Dangerous Weapon, in violation of 18 U.S.C. §§ 113 (a) and 1153(a), and one count of Possession and Use of a Firearm in Relation to a Crime of Violence, in violation of 18 U.S.C. § 924 (c)(1)(A)(iii). Following a joint trial with one co-defendant, the jury convicted Garcia on all counts and the district court sentenced him to eleven years imprisonment. Garcia now appeals his conviction and sentence. The parties are familiar with the facts. We affirm.

Garcia contends that the district court erred by denying his motion to sever. The denial of a motion to sever is reviewed for abuse of discretion. United States v. Jenkins, 785 F.2d 1387, 1393 (9th Cir.1986). Garcia must show that “joinder was so manifestly prejudicial that it outweighed the dominant concern with judicial economy.” United States v. Douglass, 780 F.2d 1472, 1478 (9th Cir.1986). Garcia makes three arguments that he was unduly prejudiced by the joint trial: (1) that there was a disparity in the weight of the evidence offered against him and his co-defendant; (2) that the jury instructions were inadequate; and (3) that the confession of his…