Cordova

United States v. Cordova

Good Law
186 F. App'x 742
United States Court of Appeals for the Ninth CircuitJune 20, 2006No. 05-30291California927 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-appellant Jesus Cordova was convicted by a jury in the District of Oregon of one court of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1), and one count of witness tampering, in violation of 18 U.S.C. § 1512 (b)(1). Cordova now appeals both convictions.

Joinder of Counts

Cordova first contends that the district court erred in denying his motion to sever the felon-in-possession count from the witness-tampering count. We do not agree. Joinder of a felon-in-possession charge with other felony counts does not warrant reversal where the district court takes adequate precautionary measures and where the evidence of the defendant’s guilt is overwhelming. See United States v. Nguyen, 88 F.3d 812, 817-18 (9th Cir. 1996); United States v. VonWillie, 59 F.3d 922, 930 (9th Cir.1995). Here, the prosecutor agreed to present evidence of Cordova’s prior conviction by means of a stipulation, and the district court gave a limiting instruction immediately after the stipulation was read. Moreover, the evidence of Cordova’s guilt on the witness-tampering charge was overwhelming: the jury heard recordings of several telephone calls in which…

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