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ZAFIRO v. UNITED STATES

No. 91-6824.

506 U.S. 534 (1993)

ZAFIRO et al. v. UNITED STATES

United States Supreme Court.

Decided January 25, 1993.

Attorney(s) appearing for the Case

Kenneth L. Cunniff, by appointment of the Court, 504 U.S. 906, argued the cause and filed briefs for petitioners.

John F. Manning argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Kristina L. Ament.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, p. 541.

Justice O'Connor, delivered the opinion of the Court.

Rule 8(b) of the Federal Rules of Criminal Procedure provides that defendants may be charged together "if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses." Rule 14 of the Rules, in turn, permits a district court to grant a severance of defendants if "it appears that a defendant or the government is prejudiced...

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