United States v. Frederick Parker

MEMORANDUM

Defendant-Appellant Frederick Parker appeals his conviction for conspiracy to possess a destructive device in violation of 18 U.S.C. § 371 and 26 U.S.C. § 5861 (d) and possession of a destructive device in violation of 26 U.S.C. § 5861 (d). He contends that the district court abused its discretion by denying his motion to sever his trial from that of his co-defendant. Parker’s co-defendant was charged with drug-trafficking and firearm crimes in addition to being charged with the same crimes as Parker.

We hold that the district court did not abuse its discretion because the joint trial was not “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. Sullivan, 522 F.3d 967, 981 (9th Cir.2008) (quoting United States v. Decoud, 456 F.3d 996, 1008 (9th Cir.2006)). The most important factors in determining whether there was manifest prejudice “are whether the jury can compartmentalize the evidence against each defendant and the judge’s diligence in providing evidentiary instructions to the jury.” Sullivan, 522 F.3d at 981-82 .

Parker was convicted based on evidence of his involvement…