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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.