Does Cuddy waive his right to appeal the denial of his severance motion by failing to renew the motion at the close of evidence?

Cuddy has waived his right to appeal the district court's denial of his severance motion by failing to renew the motion at the close of evidence because Cuddy has failed to demonstrate that to renew the motion would have been an unnecessary formality, and he has otherwise failed to establish that he diligently pursued his motion. See United States v. Kaplan, 554 F.2d 958, 965 (9th Cir.) (waiver may be absent when a renewal at the close of evidence would constitute an unnecessary formality; the "[d]iligent pursuant of a severance motion is the guiding principle"), cert. denied, 434 U.S. 956, 98 S.Ct. 483, 54 L.Ed.2d 315 (1977).

Suppression