Medina-Nevarez

United States v. Medina-Nevarez

Good Law
282 F. App'x 517
United States Court of Appeals for the Ninth CircuitJune 10, 2008No. 07-10073California674 words

Opinion

Lead Opinion

MEMORANDUM *

Jesus Medina-Nevarez appeals his conviction and sentence for conspiracy to commit hostage taking, hostage taking, conspiracy to harbor illegal aliens, harboring illegal aliens, and possessing or using a firearm in connection with a crime of violence. We affirm.

We review a district court’s decision on a motion for severance for abuse of discretion. See United States v. Decoud, 456 F.3d 996, 1008 (9th Cir.2006). The joint trial here was not so prejudicial that Medina-Nevarez was denied a fair trial, and the court did not abuse its discretion by deciding not to sever. See id. at 1008 . The evidence of a connection between Medina-Nevarez and his co-defendant was not prejudicial in light of the strong evidence against Medina-Nevarez individually, and Medina-Nevarez himself made statements connecting him with his co-defendant. Moreover, the district court gave appropriate limiting instructions. See United States v. Johnson, 297 F.3d *519 845, 855-56 (9th Cir.2002). Medina-Nevarez waived his severance argument, in any event, because he failed to renew it at the close of evidence and did not pursue it with sufficient diligence. See United States v. Vasquez-Velasco, 15 F.3d…

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