Is there any case law supporting a finding of misjoinder under Rule 8?
MultiRegion, United States of America
The following excerpt is from U.S. v. Padilla-Duran, 43 F.3d 1480 (9th Cir. 1994):
Padilla contends that the prejudicial spillover effect of strong evidence presented on count three, dictates a finding of misjoinder under Rule 8. His argument misapprehends the scope of this rule. "Because Rule 8 is concerned with the propriety of joining offenses in the indictment, the validity of the joinder is determined solely by the allegations in the indictment." United States v. Terry, 911 F.2d 272, 276 (9th Cir.1990).
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