859 F2d 924 United States v. Granito
859 F.2d 924
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Gary Anthony GRANITO, Defendant-Appellant.
No. 87-1171.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Sept. 12, 1988.
Decided Sept. 26, 1988.
Roger G. Strand, District Judge, Presiding.
Before CHAMBERS, JOHN MANOR WISDOM* and DAVID R. THOMPSON, Circuit Judges.
MEMORANDUM**
Gary Anthony Granito appeals his conviction under 21 U.S.C. Sec. 846 for conspiracy to possess cocaine with intent to distribute and conspiracy to distribute cocaine. He alleges that prosecutorial misconduct and the trial judge's denial of his motion for a separate trial prejudiced his case. Neither contention has merit.
In order to prevail, Granito must demonstrate that the trial judge abused his discretion in determining that the alleged prosecutorial misconduct did not undermine confidence in Granito's conviction. United States v. Christophe, 833, F.2d 1296 (9th Cir.1987). The same requirement of actual prejudice also controls our evaluation of Granito's severance argument. United States v. Gonzalez, 749 F.2d 1329, 1333 (9th Cir.1987). In a well-reasoned opinion, the trial judge found that there had been no prosecutorial misconduct and that Granito suffered no undue prejudice from either the prosecution's actions or from joinder. Our review of the record shows that Granito does not establish actual prejudice from any of the errors he alleges.
AFFIRMED.