Tuesday, February 12, 2013

District Court Did Not Err In Denying Severance Motion

U.S. v. Ramsey, 2013 WL 491537 (10th Cir. 2/11/13) (Kan.) (unpub.) - the district court did not err by denying severance in a heroin conspiracy trial. Although Ramsey was a low-level member of the conspiracy, overt acts in furtherance of a conspiracy are admissible against all co-conspirators. A limiting instruction was given and the jury verdicts indicated the jury was able to compartmentalize the evidence against the defendants. There was sufficient evidence of possession of heroin with intent to distribute.