United States v. Jones, No. 10-2985 (8th Cir. 2011)
Annotate this CaseDefendant pled guilty to two counts of armed robbery in violation of 18 U.S.C. 2113(a) and (d) and the district court sentenced him to 200 months imprisonment. Defendant appealed, claiming that the district court erred at sentencing by denying his request for a continuance in order to accommodate defendant's character witness. The court held that defendant failed to provide any authority for his argument that he had a constitutional right to present character evidence in mitigation at sentencing and that defendant failed to establish that the court denied him the opportunity to speak or present any information to mitigate his sentence. The court also held that not only had defendant failed to persuade the court that the district court abused its discretion by denying his request for a continuance, defendant also failed to establish that this denial resulted in prejudice. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Sentencing. District court did not abuse its discretion by denying defendant's motion to continue his sentencing.
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