[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 08-15539 ELEVENTH CIRCUIT
Sept. 10, 2009
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D.C. Docket No. 07-80062-CR-KAM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLIE WYNE,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(September 10, 2009)
Before CARNES, WILSON and COX, Circuit Judges.
PER CURIAM:
Charlie Wyne appeals his convictions for possession of a firearm and
ammunition by a convicted felon; possession with intent to distribute at least five
grams or more of cocaine base; and knowingly carrying a firearm and ammunition
during and in relation to a drug trafficking crime. Wyne argues the district court
abused its discretion when it denied his request for a recess, which prevented him
from presenting testimony from a defense witness.
The parties agree the district court’s denial of this motion for a recess is
reviewed for an abuse of discretion. However, we are precluded “from reviewing an
issue raised on appeal if it has been waived through the doctrine of invited error.”
United States v. Brannan, 562 F.3d 1300, 1306 (11th Cir. 2009) (emphasis and
citation omitted). The “doctrine of invited error is implicated when a party induces
or invites the district court into making an error.” Id (quoting United States v. Stone,
139 F.3d 822, 838 (11th Cir. 1998).
We do not find the court abused its discretion when it refused Wyne’s request
for a recess. But even if the court erred, Wyne invited the error of which he now
complains. During trial, a defense witness failed to appear at her scheduled time of
9:00 a.m. Wyne told the court that he would exclude her as a witness if she did not
arrive by 10:00 a.m. (R.6-114 at 21.) After Wyne’s defense witness failed to arrive
by his self-imposed deadline, the district court proceeded with the trial. Accordingly,
we affirm Wyne’s convictions and sentences.
AFFIRMED.
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