IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30717
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SCHELITA MYERS, also known as Schelita Marigny,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CR-153-9-N
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May 12, 1998
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:1
Schelita Myers appeals the sentence imposed by the district
court in her conviction for misprision of a felony, 18 U.S.C. § 4.
Myers contends that the district court abused its discretion and
violated her right to due process when it denied her motion for a
continuance of the sentencing hearing. Myers asserts that she
relied upon the notice that clerk of court is obliged to provide
under Fed. R. Crim. P. 49(c), and she was not afforded notice of
the rescheduled sentencing hearing.
1
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Myers has not shown any prejudice, much less “serious
prejudice,” resulting from the district court’s refusal to grant a
second continuance that was requested on the day of the sentencing
hearing. See United States v. Correa-Ventura, 6 F.3d 1070, 1074
(5th Cir. 1993). Rule 49(c), Fed. R. Crim. P., which applies to
the filing of a notice of appeal, does not relieve the appellant of
the burden of timely noticing her appeal even if the clerk of court
fails to provide the specified notice. Myers was present at
sentencing and was afforded the opportunity to address the court.
Myers raised no objections at sentencing. Myers conviction and
sentence are AFFIRMED.