Camacho

United States v. Camacho

Good Law
109 F. App'x 134
United States Court of Appeals for the Ninth CircuitJune 18, 2004No. 03-10397California357 words

Opinion

Lead Opinion

MEMORANDUM **

Eduardo Aguilar Camacho appeals from the district court’s judgment re-senteneing *135 him, pursuant to a guilty plea, to 151 months in prison for aiding and abetting distribution of methamphetamine and conspiracy to distribute methamphetamine, violations of 21 U.S.C. §§ 841 (a)(1), 846, and 18 U.S.C. § 2 . We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Camacho contends the district court erred in denying him a continuance of the re-sentencing proceedings. We review a district court’s denial of a request to continue for abuse of discretion. See United States v. Nguyen, 88 F.3d 812, 819 (9th Cir.1996). We conclude that the district court did not abuse its discretion because counsel was adequately prepared and there was no actual prejudice to Camacho’s defense. See id.

Camacho contends next that the district court erred by failing to make adequate findings at re-sentencing under Fed.R.Crim.P. 32. A district court’s failure to make findings pursuant to Rule 32 is reviewed de novo. United States v. Tam, 240 F.3d 797, 803 (9th Cir.2001). We conclude that the district court’s findings were adequate because a district court may determine that a ruling…

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