United States of America, Plaintiff-appellee, v. Paulette Kingston, Defendant-appellant, 961 F.2d 221 (10th Cir. 1992)
Annotate this CaseBefore McKAY, Chief Judge, SETH, Circuit Judge, and SHERMAN G. FINESILVER, Chief District Judge1 .
ORDER AND JUDGMENT2
McKAY, Chief Judge.
Appellant, Paulette Kingston, appeals the District Court's denial of her motion for severance of defendants. A district court's denial of a motion to sever defendants will not be disturbed on appeal in the absence of an abuse of discretion. United States v. Mabry, 809 F.2d 671, 682 (10th Cir.), cert. denied, 484 U.S. 874 (1987). We conclude the District Court did not abuse its discretion in denying Appellant's motion for severance. We find especially significant the fact that Appellant was acquitted of ten of the eleven counts charged whereas her codefendant was convicted on all common counts. The verdicts indicate that the jury meticulously afforded Appellant's case separate and impartial consideration. See United States v. Kabbaby, 672 F.2d 857, 862 (11th Cir. 1982).
AFFIRMED.
Honorable Sherman G. Finesilver, Chief Judge, United States District Court for the District of Colorado, sitting by designation
This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3
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