Torres-Espinoza

United States v. Torres-Espinoza

Good Law
78 F. App'x 563
United States Court of Appeals for the Ninth CircuitOctober 9, 2003Nos. 01-10410, 01-10411, 01-10413, 01-14014 and 01-10456California1,439 words

Opinion

Lead Opinion

MEMORANDUM *

Defendants appeal their judgments and sentences following jury convictions for conspiracy, hostage taking, transportation and harboring of illegal aliens, and multiple counts of interstate extortion and possession or use of a firearm during a crime of violence. We have jurisdiction under 18 U.S.C. § 3472 and 28 U.S.C. § 1291 , and affirm.

*566 A. Defendants’ joint claims.

1. Defendants’ Confrontation Clause rights were not violated when the district court denied defendants’ motion to sever non-testifying co-defendant Roman for trial, and allowed certain of Roman’s post-arrest statements to be read into evidence by an arresting officer.

Denying defendants’ motion to sever, the district court: (i) required the prosecution to redact facially incriminatory language from Roman’s post-arrest statements; (ii) reviewed the redacted statements for any remaining prejudice; (iii) allowed defendants to object to the redacted version (which defendants did not do); and (iv) instructed the jury that the statements could only be used against Roman. This was not an abuse of discretion. See United States v. Parks, 285 F.3d 1133, 1140 (9th Cir.2002); United States v. Baker, 10 F.3d…

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