United States v. Jose Guadalupe Dominguez-Botello

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Guadalupe DOMINGUEZ-BOTELLO, Defendant-Appellant. No. 94-10173. United States Court of Appeals, Ninth Circuit. Submitted Feb. 14, 1995. * Decided April 4, 1995. Before: WALLACE, Chief Judge, HUG and FARRIS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Guadalupe Dominguez-Botello appeals his conviction and sentence for the second degree murder, 18 U.S.C. Secs. 1111 , 1152, of his wife's infant son. I. Motion for Continuance 3 Ten minutes before trial was set to begin, the defendant moved unsuccessfully for a continuance to secure the presence of an out of state pathologist. A district judge abuses his discretion when the denial of a continuance is "arbitrary or unreasonable." United States v. Flynt, 756 F.2d 1352, 1358 (9th Cir.), modified, 764 F.2d 675 (9th Cir.1985). In making this determination we consider (1) the extent of defendant's diligence; (2) the likelihood…