U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Rene Luna-Maradiaga

United States v. Rene Luna-Maradiaga
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2011 · Canby, Fernandez, Smith
415 F. App'x 783

United States v. Rene Luna-Maradiaga

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 *784 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.

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