Parra

United States v. Parra

Good Law
155 F. App'x 988
United States Court of Appeals for the Ninth CircuitDecember 14, 2005No. 04-50454, 05-50132; D.C. No. CR-03-00121-DT-01, CR-03-00121-DT-02California786 words

Opinion

Lead Opinion

MEMORANDUM *

Pedro Parra and Marco Enriquez-Hermosillo appeal their convictions for conspiracy to possess and possession of methamphetamine with the intent to distribute *990 it. See 21 U.S.C. §§ 846 , 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

The district court did not abuse its discretion when it denied the petitioners’ request for a continuance because the denial did not prejudice them. 1 See United States v. Mejia, 69 F.3d 309, 314-15 (9th Cir.1995). The appellants sought the continuance to establish, through the phone records of Pulido, Gapo, and Parra, that Gapo entrapped Parra. The phone records of Gapo and Parra were available to the defense prior to trial, and the defense made use of them at trial. See United States v. Zamorar-Hernandez, 222 F.3d 1046, 1049-50 (9th Cir.2000) (holding that defendant was not prejudiced by denial of a continuance when transcript he sought was ultimately available to impeach the government’s witness at trial). Even if it is assumed that Pulido’s phone records were not available to the defendants at trial, 2 Gapo’s phone records were sufficient to impeach both Gapo’s and Pulido’s statements that Gapo’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.