Abramov

MEMORANDUM *

1. Count 49 and the remaining counts were properly joined under Fed. R.Crim.P. 8(a). There was a large overlap of evidence and most of the evidence admissible as proof of the Medicare and Medicaid fraud was also admissible to prove the citizenship charge. See United States v. Barney, 568 F.2d 134, 135 (9th Cir.1978) (per curiam). In any event, reversal would be justified only upon a showing of actual prejudice, a showing not made in this case. See United States v. Rousseau, 257 F.3d 925, 932 (9th Cir.2001).

2. Assuming, without deciding, that Abramov preserved his Rule 14 severance claim, joinder of the charges for trial was not “so manifestly prejudicial as to require the trial judge to exercise his discretion on the motion to sever in just one way, by ordering a separate trial.” United States v. Johnson, 297 F.3d 845, 855 (9th Cir. *102 2002) (internal brackets and citation omitted).

3. The evidence was sufficient to prove that Abramov knowingly made a false statement during his interview with the INS on February 18, 1998. The government presented extensive evidence of Abramov’s involvement in the Medicare and Medicaid fraud both before and contemporaneously with…