How is a motion to continue a trial reviewed for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from U.S. v. de Cruz, 82 F.3d 856 (9th Cir. 1996):

Denial of a motion to continue a trial is reviewed for abuse of discretion. United States v. Torres-Rodriguez, 930 F.2d 1375, 1383 (9th Cir.1991). An abuse of discretion will be found only where "denial of the continuance was arbitrary or unreasonable." Id. "To demonstrate reversible error, the defendant must show that the denial resulted in actual prejudice to [her] defense." United States v. Mitchell, 744 F.2d 701, 704 (9th Cir.1984).

2. Denial of Motion to Continue Until After Election Day

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