United States v. Derei
United States v. Derei
Opinion of the Court
MEMORANDUM
1. Derei’s misjoinder argument is without merit. Even assuming that the district court erred in joining the false statement counts, any such error was harmless, because the court dismissed those charges
2. Similarly, any error occasioned by the district court’s denial of Derei’s motion to withdraw the evidence admitted in conjunction with the dismissed false statement charges, or alternatively, instruct the jury to disregard evidence related to the charges was harmless. There was substantial evidence of Derei’s participation in the conspiracy, including testimony by Nationwide employees and a victim who witnessed Derei’s direct participation in the scheme. See United States v. Gonzalez-Flores, 418 F.3d 1093, 1102 (9th Cir. 2005).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.