Whether the Ninth Circuit's rigid 'irreconcilable and mutually exclusive' standard for severance survives this Court's decision in Zafiro v. United States, 506 U.S. 534 (1993)

QUESTION PRESENTED Whether the Ninth Circuit’s rigid “irreconcilable and mutually exclusive” standard for severance survives this Court’s decision in Zafiro v. United States, 506 U.S. 534 (1993), a case in which it agreed with the Seventh Circuit that such a standard “neither controlf[s] nor illuminate[s] the question of severance.” Id. at 537 (quoting United States v. Zafiro, 945 T'.2d 881, 886 (7th Cir. 1991)). | | | | |