Is Aispuro's failure to file a motion for severance of his trial from that of defendant Rodriguez constitute ineffective assistance?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rodriguez-Ramirez, 777 F.2d 454 (9th Cir. 1985):
Nor has Aispuro made any significant showing that his counsel's failure to file a pretrial motion for severance of his trial from that of Rodriguez constituted ineffective assistance. Aispuro makes no persuasive argument that he suffered prejudice as a result of the unsevered trial, nor does he provide any account of how such a motion could have been granted in the face of the stringent legal standards for severance. See Gustave v. United States, 627 F.2d 901, 904-05 (9th Cir.1980).
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