Gann

MEMORANDUM *

California state prisoner John David Gann appeals the district court’s denial of his habeas corpus petition challenging his conviction for possession of a sharp instrument by a prisoner. Gann contends that he was denied due process and his Sixth Amendment right to counsel when the court denied his motion for a continuance and then denied his request to withdraw his Faretta waiver and have counsel appointed. See Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975).

*844 The question whether a continuance should be granted is “traditionally within the discretion of the trial judge.” Ungar v. Sarafite, 376 U.S. 575, 589 , 84 S.Ct. 841 , 11 L.Ed.2d 921 (1964). A denial of a request for more time does not necessarily violate due process “even if the party fails to offer evidence or is compelled to defend without counsel.” Id. In determining whether a trial court was unreasonable in denying a motion to continue we balance four factors: the appellant’s diligence in preparing his case; the likelihood that the continuance would serve a useful purpose; whether the continuance would inconvenience the parties, the court, or other witnesses; and whether…