Unpublished Disposition, 925 F.2d 1472 (9th Cir. 1989)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 925 F.2d 1472 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Alvin Arthur MILLER, Defendant-Appellant.

No. 89-50424.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 8, 1991.* Decided Feb. 14, 1991.

Before CHAMBERS, BEEZER and KOZINSKI, Circuit Judges.


To obtain a reversal based on the district's court's failure to grant a continuance, the defendant "must show at a minimum that he has suffered prejudice" as a result. United States v. Flynt, 756 F.2d 1352, 1359 (9th Cir.), amended in part not relevant here, 764 F.2d 675 (9th Cir. 1985). Miller has not. Although defense counsel believed that the government's confidential informant, Jack, had a more extensive criminal record under the name Stanley, cross-examination revealed that Stanley was in fact Jack's cousin; the district court examined Stanley's photograph and concluded that Stanley and Jack were not the same person. RT II:39-40 (Mar. 21, 1989). Appellant offers no information to suggest that further investigation would have proven otherwise. Because appellant has not shown that denial of his motion for a continuance harmed him, the judgment of conviction is AFFIRMED.


The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3