FILED
NOT FOR PUBLICATION FEB 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 09-10452
09-10453
Plaintiff - Appellee,
D.C. Nos. 4:08-cr-01066-DCB
v. 4:08-cr-50090-DCB
RENE LUNA-MARADIAGA, aka Rene
Antonio Luna-Maradiaga, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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
prejudice arising from the denial. See Ungar v. Sarafite, 376 U.S. 575, 589 (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.
2 09-10452 & 09-10453