Sanchez

MEMORANDUM **

Appellant Rene Sanchez appeals his conviction for conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, use of or carrying a firearm during a drug trafficking crime, and being a felon in possession of a firearm. Sanchez challenges the district court’s denial of his motion for severance from his co-defendants’ trial, and the district court’s denial of his post-verdict motion for a new trial based on newly discovered evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s order denying severance, reverse the district court’s order denying the new trial motion, and remand to the district court. 1

I

We review the district court’s decision denying severance for abuse of discretion. United States v. Mayfield, 189 F.3d 895, 899 (9th Cir.1999). We conclude that the district court did not err in denying Sanchez’s motion for severance. 2

Sanchez challenges the district court’s decision denying severance on two *581 grounds: (1) severance was required because he and his co-defendants presented irreconcilable defenses at trial; and (2) severance was required because the…