Fuentes

MEMORANDUM *

Joseph Nicholas Fuentes and Jesse Rothchild Moore were each convicted on one count of first-degree murder (and aiding and abetting), and on one count of conspiracy to commit murder. Nicholas Rey Pablo was convicted on one count of conspiracy to commit murder. See 18 U.S.C. §§ 2 , 1111, 1117. They appeal. We affirm in part, reverse in part, and remand.

*806 1. Fuentes, Pablo, and Moore argue that the district court abused its discretion by denying their motions to sever. But their defenses were not so antagonistic that severance was required. See United States v. Angwin, 271 F.3d 786, 795 (9th Cir.2001). Moreover, testimony regarding the confession of codefendant John Yellowman did not, on its face, inculpate any of the defendants. See Richardson v. Marsh, 481 U.S. 200, 208-09 , 107 S.Ct. 1702, 1707-08 , 95 L.Ed.2d 176 (1987); Bruton v. United States, 391 U.S. 123, 137 , 88 S.Ct. 1620, 1628 , 20 L.Ed.2d 476 (1968). Furthermore, that testimony was admitted solely against Yellowman. 1 Finally, the argument that evidence of Fuentes’ failed polygraph test prejudiced Pablo or Moore is purely speculative. See United States v. Taren-Palma, 997 F.2d 525, 533-34 (9th…