Duarte

MEMORANDUM **

John Carlos Duarte was convicted of possessing with intent to distribute in excess of 50 grams of methamphetamine in violation of 21 U.S.C. § 841 . He was sentenced to confinement for a term of 168 months. Duarte appeals his conviction 1 on *689 various grounds. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

Duarte first argues that the district court abused its discretion by not continuing his trial after the Arizona Department of Public Safety Highway Patrol (“DPS”) failed to produce until the first day of trial records concerning Officer Jex’s arrests. Duarte cannot show, however, either that any further continuance would have been useful, or that he suffered harm as a result of the denial of a continuance. The district court postponed Duarte’s cross-examination until the end of the government’s case in chief, giving Duarte’s counsel two afternoons and evenings to review the documents, and even cut trial short on each of the first two days to give Duarte’s counsel more time to read the documents. Duarte was thus able to use the documents in an oral motion to dismiss, to cross-examine Jex extensively, and…