Opinion
No. 08-30300.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed August 14, 2009.
James Edmund Seykora, Esquire, Assistant U.S., USBI-Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
Steven C. Babcock, Assistant Federal Public Defender, FDMT-Federal Defenders of Montana, Billings, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Richard F. Cebull, Chief District Judge, Presiding. D.C. No. 1:07-CR-00084-RFC.
Before: KLEINFELD, M. SMITH, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Tirrell Lewis appeals from the 96-month sentence imposed following his jury trial conviction for being a felon in possession of a firearm and being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Lewis contends that the district court abused its discretion by denying his counsel's request for a third continuance to obtain a trial witness. The district court did not abuse its discretion because the denial of the motion for a continuance was neither arbitrary, nor unreasonable. See United States v. Tham, 960 A.2d lasi, 1396-97 (9th Cir. 1992). Furthermore, Lewis has not shown that the denial resulted in actual prejudice. See United States v. Shirley, 884 F.2d 1130, 1135 (9th Cir. 1989).
AFFIRMED.