Does a motion for severance under Rule 14 need to be renewed at the close of evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Teran, 999 F.2d 546 (9th Cir. 1993):

The appellants failed to renew their motion for severance at the close of evidence, and have thus waived the issue. See United States v. Smith, 893 F.2d 1573, 1581 n. 4 (9th Cir.1990).

In order to preserve a Rule 14 motion on appeal, the motion must be renewed at the close of the evidence. Failure to renew a motion for severance under Rule 14 at the close of the evidence suggests that the alleged prejudice from joinder of the offenses did not seem so substantial to appellants in the context of the trial.

United States v. Sanchez-Lopez, 879 F.2d 541, 551 (9th Cir.1989). We therefore do not reach appellants' severance claims.

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