United States v. Chandler

Good Law
316 F. App'x 676
United States Court of Appeals for the Ninth CircuitMarch 6, 2009No. 07-30495California386 words

Opinion

Lead Opinion

MEMORANDUM **

Mitchell James Chandler appeals from his jury-trial conviction for attempted escape in violation of 18 U.S.C. § 751 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in denying two of Chandler’s motions to continue the jury trial, and granting only a one-day continuance in response to a third motion to continue, because: (1) extensive face-to-face contact between Chandler and defense counsel was not necessary to prepare for trial and counsel could have consulted with Chandler by other means, including by telephone; (2) there was time for face-to-face contact between Chandler and defense counsel once Chandler arrived in Billings, Montana, which was not utilized by Chandler, showing a lack of diligence in preparing a defense; (3) the charge of attempted escape was relatively straightforward and Chandler’s suicide defense to that charge had previously been discussed at length before the district court and was well documented by the parties; (4) the court previously granted Chandler a continuance of two months; and (5) the continuances requested and denied would have put a strain on the court’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.