Sarsak

United States v. Sarsak

Good Law
282 F. App'x 585
United States Court of Appeals for the Ninth CircuitJune 13, 2008No. 06-50351California1,164 words

Opinion

Lead Opinion

*586 MEMORANDUM **

Mahmoud Sarsak appeals the denial of his new trial motion and his motion to continue his sentencing with new counsel. Sarsak was convicted of one count each of conspiracy to possess pseudoephedrine and attempt to possess pseudoephedrine. The district court denied Sarsak’s new trial motion on the ground that it was not timely filed. On the day Sarsak was sentenced, the district court denied his fourth request for new counsel and his sixth motion to continue his sentencing. We conclude that the district court’s rulings were not an abuse of discretion, and we affirm.

New Trial Motion

We review the denial of a new trial motion for abuse of discretion. United States v. Mack, 362 F.3d 597, 600 (9th Cir.2004). The jury returned its verdict on January 4, 2005. On January 10, Sarsak mailed to the district court a pro se motion entitled “Defendant’s Motion for 7-Day Re-Trial” and “Defendant’s Motion in Arrest of Judgment.” The court did not file the motion because Sarsak was represented by counsel, but the district judge considered the motion and mailed it to Sarsak’s counsel. In his pro se motion, Sarsak alleged, among other claims, ineffective assistance of counsel…

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