U.S. v. Plato

In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant’s motion to sever his trial from co-defendant even though co-defendant’s counsel argued at trial that defendant was culprit in controlled drug purchase monitored by police. Defendant waived severance issue by failing to renew motion at close of evidence, and defendant’s argument that severance was required because co-defendant presented antagonistic defenses was rejected by Supreme Ct. in Zafiro.