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US v. Plato, 09-2099

By FindLaw Staff on December 22, 2010 | Last updated on March 21, 2019

Crack cocaine convictions

US v. Plato, 09-2099, concerned a challenge to the district court's convictions of defendants for distributing crack cocaine.  In affirming, the court held that defendant waived his argument for separate trials because he failed to renew his pretrial motion for severance at the close of the evidence.  However, even if defendant had not waived his motion for severance, his argument is without merit as antagonistic defenses do not necessarily require severance, and defendant cannot show that the joint trial deprived him of a specific trial right.  The court also held that the district court did not abuse its discretion by replaying - in slow motion - the surveillance video of the drug sale.  Lastly, the court granted the co-defendant's counsel's motion to withdraw as there are no nonfrivolous appellate arguments available to him.

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