Singh

United States v. Singh

Good Law
106 F. App'x 578
United States Court of Appeals for the Ninth CircuitJuly 29, 2004No. 03-30389California1,220 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Balraj Singh appeals from the judgment of conviction for being an alien unlawfully in the United States in possession of a firearm, see 18 U.S.C. *580 § 922 (g)(5), and from the denial of his motion for a new trial. Singh maintains that the district court erred in denying his motion to continue the trial. He also challenges the admission of certain evidence, and asserts that his conviction should be reversed and a new trial granted on the ground of prosecutorial misconduct. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

To obtain a reversal of his conviction based on the district court denying his request for a continuance, Singh must show that this decision caused actual prejudice to his defense. United States v. Mitchell, 744 F.2d 701, 705 (9th Cir.1984); see also United States v. Zamorctr-Hemandez, 222 F.3d 1046, 1049 (9th Cir.2000). Although Singh identified various witnesses that he might have located and called had a continuance been granted, he offered nothing by way of evidence to support his hunches concerning what their testimony would have been. Thus, Singh has not demonstrated, but merely conjectured, a likelihood that a…

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