Opinion
CRIM. CASE NO. 10-20338-4
04-12-2012
UNITED STATES OF AMERICA, Plaintiff, v. JESUS DANIEL MEDINA-MERAZ, Defendant.
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
ORDER DENYING
DEFENDANT MEDINA-MERAZ MOTION FOR SEVERANCE
Defendant Medina-Meraz, who is charged in all three counts of the Superseding Indictment, has filed a Motion for Severance alleging that a joint trial with the other four defendants will compromise his rights and "also prevent a jury from making a reliable judgment about his guilt or innocence...". Motion for Severance (Dkt. No. 180 P. 1)
In the instant multi-defendant case the Court and the parties have crafted a jury questionnaire that emphasizes that each defendant's guilt or innocence must be determined individually. The Court will follow up on this important legal principle injury instructions.
The Court holds that Defendant is not entitled to severance under Rule 14(a) of the Federal Rules of Criminal Procedure because there is not a serious risk that a joint trial would compromise the rights of Defendant Medina-Meraz nor would the jury be unable to make a reliable judgment about his guilt or innocence. See Zafiro v. United States, 506 U.S. 534, 539 (1993).
Accordingly Defendant Medina-Meraz Motion to Sever is DENIED.
SO ORDERED.
_________________________
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE