United States v. Matlock

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 26, 2008 No. 07-50477 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. LAWRENCE MATLOCK Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:06-CR-182-ALL Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Lawrence Matlock appeals his jury convictions for possession with intent to distribute crack, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon. He argues that the district court abused its discretion in denying his second motion for a trial continuance. “Trial judges have broad discretion in deciding requests for continuances, and [this court] reviews only for an abuse of that discretion resulting in serious * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-50477 prejudice.” United States v. German, 486 F.3d 849, 854 (5th Cir.), cert. denied, 128 S. Ct. 649 (2007). Matlock has not alleged, much less established, prejudice as a result of the district court’s ruling. He has therefore not shown an abuse of discretion on the part of the district court. AFFIRMED. 2