U.S. v. CHAVEZ, —F.3d—2009 WL 3320314 (11th Cir. October 16, 2009)
Mr. Galvan Chavez, one of nine defendants charged in a nineteen count indictment, among other challenges, argued on appeal that the district court denied his right to a fair trial when it denied his motion for a severance from the four defendant’s who proceeded to trial alongside him. Mr. Chavez pled not guilty to all charges and was convicted of all charges. However, the four co-defendants plead guilty to all counts, reserving their right to a bench trial regarding the quantity of contraband alleged in the drug conspiracy, the central offense charged in Count one of the indictment.
Presented with a unique situation, the district court ordered that each defendant, with respective counsel, be present for all phases of the trial; it instructed the jury that all defendants were charged in Count 1 but did not tell the jury that the four co-defendant’s entered guilty pleas on Count 1; and it instructed the jury that they were to consider their verdict only as to Mr. Galvan Chavez.
The appellate court reviewed the district court’s denial of Mr. Chavez’ motion for severance and found that it was not supported by any theory of relief nor did it prove specific and compelling prejudice, but rather argued that Mr. Chavez might have had a better chance of acquittal if the cases were severed. The appellate court also affirmed the district court’s rulings on Mr. Chavez’ other contentions as well as upheld the sentences for the four co-defendants.
