United States of America, Plaintiff-appellee, v. Randall Schneiderman, Defendant-appellant, 39 F.3d 1193 (10th Cir. 1994)

Before BALDOCK and EBEL, Circuit Judges, and BROWN, District Judge.² 

Defendant Randall Schneiderman appeals his convictions for wire fraud, 18 U.S.C. 1343, and mail fraud, 18 U.S.C. 1341. We exercise jurisdiction pursuant to 28 U.S.C. 1291, and we affirm.

Defendant Schneiderman and codefendant Frank F. Moore, III³  engaged in a complicated scheme to defraud Ford Motor Credit Company and various other lenders. The gist of the scheme was that Schneiderman and Moore purchased various vehicles, falsified the value of the vehicles to loan officers at credit institutions (as well as falsifying other information in their loan applications), and thereby obtained loans for much more than the value of the vehicles. Shortly after obtaining the loans, Schneiderman and Moore ceased making payments.

The two defendants were indicted on four counts of wire fraud, 18 U.S.C. 1343, and one count of mail fraud, 18 U.S.C. 1341. In June 1993, Defendants were tried together and both were convicted on all five counts. The district court sentenced Defendant Schneiderman to twenty-four months imprisonment and codefendant Moore to thirty-seven months imprisonment and ordered each to pay $15,000 restitution. This appeal followed.

On appeal, Defendant contends the district court erred by: (1) failing to grant his motion for severance or, in the alternative, give a cautionary instruction based upon evidence introduced against codefendant Moore, and (2) failing to grant his motion for severance, for a mistrial, or for a limiting instruction following "disruptive" conduct by codefendant Moore.⁴ 

We have read the briefs submitted by the parties and reviewed the record on appeal. Based upon our review of the record, we find no reversible error and we affirm.

AFFIRMED.