United States v. Wyant John Lamont

Appellant LaMont was convicted on two counts charging unlawful transfer of firearms in violation of 26 U.S.C. § 5861 (e) and a third count charging him with unlawful possession of firearms in violation of 26 U.S.C. § 5861 (d). Concurrent eighteen-month sentences were imposed on each of the three counts. We affirm.

On appeal, LaMont’s initial contention is that the district court abused its discretion when it refused to grant a continuance sought by counsel because of his allegedly busy schedule. Defendant and his counsel were given six weeks advance notice of the trial date. Three weeks before trial they were admonished that there would be no continuance. Counsel had more than adequate time to prepare for trial.

Moreover there is no suggestion that the denial of the continuance actually resulted in prejudice to the appellant at trial. We find no abuse of discretion. See Avery v. Alabama, 308 U.S. 444 , 60 S.Ct. 321 , 84 L.Ed. 377 (1940); Witt v. United States, 414 F.2d 604 (9th Cir. 1969). Appellant’s reliance on Everitt v. United States, 281 F.2d 429 (5th Cir. 1960) is misplaced. There, the court-appointed counsel had less than one day to prepare for a complex trial. Here,…