McCoy

United States v. McCoy

Good Law
90 F. App'x 201
United States Court of Appeals for the Ninth CircuitJanuary 8, 2004No. 01-10539, 01-10596; D.C. No. CR-98-40082-DLJCalifornia1,701 words

Opinion

Lead Opinion

MEMORANDUM *

Codefendants Kevin Davis and Lionel McCoy appeal their convictions and sen *203 tences for drug conspiracy charges. The facts are known to the parties, therefore we shall not repeat them here except as needed for our analysis. We affirm the district court on all counts except the concurrent life sentences imposed on Davis for Counts 2 and 3, which we vacate.

1. McCoy’s Motion to Sever

We find that the district court did not err by refusing to grant McCoy’s motion to sever. See United States v. Golb, 69 F.3d 1417, 1426 (9th Cir.1995). The evidence was sufficiently compartmentalized, given the fact that McCoy and Davis were co-conspirators. “[E]vidence relating to other incidents in which [McCoy] was not involved was relevant to his case because it showed the nature of the scheme and how it was carried out.” United States v. Vaccaro, 816 F.2d 443, 449 (9th Cir.1987), abrogated on other grounds by Huddleston v. United States, 485 U.S. 681 , 685 n. 2, 108 S.Ct. 1496 , 99 L.Ed.2d 771 (1988). Furthermore, the government separated much of the testimony relating to each of the two conspiracies.

While the judge’s limiting instructions could have been more thorough, they…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.