Straub

MEMORANDUM *

Dwayne Edward Straub (“Appellant”) appeals his conviction on five drug-related counts and his sentence of 272-months imprisonment. The facts and procedural history are known to the parties and are repeated here only as necessary.

Appellant argues that counts 3 and 4 should have been severed from the indictment and tried separately. We review a district court’s denial of a severance motion for abuse of discretion. United States v. Vargas-Castillo, 329 F.3d 715, 722 (9th Cir.2003). Counts should only be severed if the “joinder was so manifestly prejudicial that it outweighed the dominant concern with judicial economy and compelled exercise of the court’s discretion to sever.” United States v. Whitworth, 856 F.2d 1268, 1277 (9th Cir.1988) (citations omitted). Severance is not required where evidence of each count would be admissible at separate trials. United States v. Douglass, 780 F.2d 1472, 1479 (9th Cir.1986). Counts 3 and 4 were part and parcel of the larger drug' conspiracy charged in count 1, and the evidence of each count would have been admissible at separate trials. We hold that the district court did not abuse its discretion in denying Appellant’s motion to…