Welch

MEMORANDUM **

I.

The district court did not abuse its discretion in denying Welch’s motion for severance because her case was not unduly prejudiced when it was tried alongside Thomas Foster’s. Rule 14 of the Federal Rules of Criminal Procedure permits severance of properly joined defendants if a joint trial would be unduly prejudicial. We have stated:

United States v. Vasquez-Velasco, 15 F.3d 833, 845-846 (9th Cir.1994) (internal citations and quotations omitted).

Invoking the teachings of Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), Welch contended that the joint trial violated her Sixth Amendment right to confrontation because she could not question Foster about statements he made at the time of his arrest. Welch based this contention on two statements made by Foster that were later read to the jury.

*9 In Bruton , the Supreme Court held that the admission of a non-testifying co-defendant’s confession naming the defendant as a participant in the crime violated the Confrontation Clause of the Sixth Amendment where the statement was “powerfully incriminating." 391 U.S. at 135 , 88 S.Ct. 1620 . Foster’s statements neither mentioned nor…