United States v. Sherry Crosswhite Robert L. Williams

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Sherry CROSSWHITE; Robert L. Williams, Defendants-Appellants. Nos. 93-30147, 93-30148. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1994. Decided May 6, 1994. Before: WRIGHT, SCHROEDER and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Crosswhite and Williams pleaded guilty to narcotics violations. They suffer from morbid obesity and moved to continue sentencing so their physician could present medical testimony. The district court denied the motion and refused to depart downward under U.S.S.G. Sec. 5H1.4 (extraordinary physical impairment). We affirm. 3 1. The district court did not err in denying a continuance. 4 We review for abuse of discretion the decision to deny a continuance. United States v. Flynt, 756 F.2d 1352, 1358 (9th Cir.), amended on other grounds, 764 F.2d 675 (1985). We will not reverse unless the decision was arbitrary or…