Mendoza-Martinez

MEMORANDUM **

Leonel Mendoza-Martinez appeals his alien smuggling conviction. See 8 U.S.C. § 1324 . He argues that the district court’s denial of his request to continue the trial on September 11, 2001, violated his right to a fair trial. See U.S. Const. Amend. VI. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

(1) Mendoza-Martinez’s claim is moot. Moments after the district court denied his request to “continue the trial at least a day or so,” the courthouse was shut down by an order of the Chief Judge, and the case was continued until the following day. Mendoza-Martinez’s claim that he should *804 have been granted a continuance is moot, because his case was in fact continued. See Connolly v. Pension Ben. Guar. Corp., 673 F.2d 1110 , 1113 (9th Cir.1982); see also Dudley v. Anderson (In re Dudley), 249 F.3d 1170, 1172-73 (9th Cir.2001).

(2) Mendoza-Martinez argues that because of the tragic events of September 11, 2001, a jury chosen that day could not have considered the alien smuggling charges against him in a fair and unbiased manner. However, he presented no evidence of a nexus between his case and any September 11th media coverage that could have biased a…