United States v. Rene Luna-Maradiaga

415 F. App'x 783

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 23, 2011
• Docket: 09-10452, 09-10453
• Status: Unpublished

Opinion

MEMORANDUM **

In these consolidated appeals, Rene Luna-Maradiaga appeals from the 92-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326, and from the 21-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Luna-Maradiaga’s sole argument on appeal is that the district court abused its discretion by denying his motion for a continuance of the sentencing and disposition hearing. The district court did not abuse its discretion, as it granted numerous other continuance requests and Luna-Maradiaga fails to demonstrate any preju dice arising from the denial. See Ungar v. Sarafite, 376 U.S. 575, 589, 84 S.Ct. 841, 11 L.Ed.2d 921 (1964); United States v. Flynt, 756 F.2d 1352, 1358 (9th Cir.1985), amended by 764 F.2d 675 (9th Cir.1985); see also United States v. Wills, 88 F.3d 704, 711 (9th Cir.1996).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.