Ortega

United States v. Ortega

Good Law
137 F. App'x 84
United States Court of Appeals for the Ninth CircuitJune 24, 2005No. 04-50270California781 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar Antonio Ortega appeals from his conviction and sentence for possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). We affirm the conviction, but remand the sentencing issues pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005).

I

We review a trial court’s denial of a continuance request for an abuse of discretion. United States v. Prime, 363 F.3d 1028, 1035 (9th Cir.2004). We consider several factors in determining whether a district court abused its discretion in failing to grant a continuance, including the requester’s diligence in case preparation, the likely utility of the continuance, the inconvenience a continuance may have caused, and whether other continuances have been granted. United States v. Fowlie, 24 F.3d 1059, 1069 (9th Cir.1994); United States v. Flynt, 756 F.2d 1352, 1359 (9th Cir.1985). We will reverse only if the appellant shows that the denial prejudiced his defense. United States v. Gonzalez-Rincon, 36 F.3d 859, 865 (9th Cir.1994).

After careful review of the record, the briefs, and arguments of the parties, we conclude that the district court properly weighed the relevant factors in reaching its…

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