Daly

United States v. Daly

Good Law
243 F. App'x 302
United States Court of Appeals for the Ninth CircuitAugust 2, 2007Nos. 05-10718, 05-10719, 05-10728, 05-10729California1,959 words

Opinion

Lead Opinion

MEMORANDUM *

Mounir Daly, Mamoun Al-Jammal, Samih Jamal, and Ibrahim Elrawy appeal then-convictions on charges related to a conspiracy to traffic in stolen infant formula. As there was no reversible error, we affirm.

I

The district court did not abuse its discretion in refusing to sever the trials of Daly, Al-Jammal, and Elrawy from those of each other and Jamal. We review for abuse of discretion, which is found only where “a joint trial was so manifestly prejudicial as to require the trial judge to exercise his discretion in but one way, by ordering a separate trial.” United States v. Sarkisian, 197 F.3d 966, 975 (9th Cir.1999). This was not the case here. *306 Where appropriate and requested, the district court instructed the jury as to the limited admissibility of the evidence complained of. See United States v. Johnson, 297 F.3d 845, 855-56 (9th Cir.2002); United States v. Douglass, 780 F.2d 1472, 1478-79 (9th Cir.1986). Jurors were not unable to compartmentalize the evidence. Not only did the jury acquit Jamal on several charges, of. United States v. Unruh, 855 F.2d 1363, 1374 (9th Cir.1987), but the district court handled the complexity of the trial by holding bench…

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