United States v. Molina-Varela

Summary

**Ineffective assistance of counsel – Failure to move for severance – Strickland standard – Presumption of joint trial in conspiracy cases.** The Tenth Circuit affirmed the denial of a § 2255 motion, holding that trial counsel was not ineffective for failing to move for severance. The court applied Strickland's deferential standard, noting a strong presumption favoring joint trials in conspiracy cases and that the defendant's own confession made a severance motion appear futile. The opinion also discusses forfeiture of arguments first raised in a reply brief.

Holdings

1. Mr. Molina-Varela's trial counsel was not ineffective because the attorney could reasonably have concluded that a motion for severance would be futile, given the presumption in favor of joint trials in conspiracy cases and the confession that linked him to the conspiracy within three months of arrest.

Questions Presented

1. Whether Mr. Molina-Varela's trial counsel was ineffective for failing to move for severance.

Disposition

affirmed