· 7/23/2009
United States v. Alviar
Citations
- 573 F.3d 526
- 2009 U.S. App. LEXIS 16342
- 2009 WL 2178683
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[w]e have recog- nized there is substantial risk of unfair prejudice attached to gang affiliation evidence . . . .”
- explaining the role of gang-related evidence in proving conspiracy allegations and finding that “[t]he fact that [the defendants] were bound together by their gang membership made it more likely that they participated in a conspiracy”
- rejecting claim that district court abused discretion by failing to sever codefendants who used racial slurs in front of the jury because \there was ample evidence against [the defendant] and the jury was properly instructed to distinguish between co-defendants\
- “There was no actual prejudice to [the defendant] on account of ‘spillover’ evidence because the jury distinguished between him and his co-defendants.”
- “[T]he fact that the government has greater evidence against one co-defendant does not automatically give the other defendant grounds for severance.”
- “There is a strong preference that co-conspirators be jointly tried, particularly when they were indicted together.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Ripple, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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