Mormont-Aser
United States v. Mormont-Aser
Opinion
Lead Opinion
MEMORANDUM **
Leon Mormont-Aser appeals his 84-month sentence following his guilty plea for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.
Mormonb-Aser contends that the district court abused its discretion by denying a further continuance of his sentencing hearing, so that his counsel could analyze newly received medical records and present potential new information to support a downward departure. This contention is unpersuasive. Even assuming Mormont-Aser could show diligent preparation, the need for a continuance, and lack of inconvenience to others, he fails to show that the denial of a continuance prejudiced him. See United States v. Zamora-Hernandez, 222 F.3d 1046, 1049-50 (9th Cir.2000) (stating that a showing of prejudice is required). The court was aware of Mormont-Aser’s medical conditions. He has not pointed to any additional information from the medical records that could have warranted a discretionary downward departure. See U.S.S.G. §§ 5H1.3, 5H1.4 (instructing that mental and physical conditions are not ordinarily…