United States v. Ruben Magdaniel-Mora, Henny Dekom, Ibrahim Nunez, Francisco Vicente-Leon and Felix Calvo-Castillo , 746 F.2d 715 ( 1984 )

SIMPSON, Senior Circuit Judge,

concurring in part, and dissenting in part:

I concur with the majority opinion in all respects save one: I cannot agree with Section I. Severance, and respectfully dissent from that portion of the opinion. I would reverse the convictions of appellants Calvo-Castillo, Vicente-Leon and Nunez on the ground that the trial judge abused his discretion by repeated denials of these defendants’ Motions for Severance. To my mind, U.S. v. Johnson, 478 F.2d 1129 (5th Cir.1973) mandates this result.