Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion?

MultiRegion, United States of America

The following excerpt is from U.S. v. Anfield, 539 F.2d 674 (9th Cir. 1976):

Appellant next contends that the trial court abused its discretion in granting the Government's motion for a continuance on the date of trial. It is well established that a ruling on a motion for continuance is within the discretion of the trial judge and is subject to reversal only for abuse of that discretion. United States v. Harris, 501 F.2d 1 (9th Cir. 1974); United States v. Young, 470 F.2d 962 (9th Cir.), cert. denied, 410 U.S. 967, 93 S.Ct. 1444, 35 L.Ed.2d 701 (1973). The record discloses a careful and studious evaluation of the conflicting interests of both parties before granting the Government's motion. The trial court acknowledged appellant's interest in securing a speedy trial and the court's desire for judicial efficiency; balanced against these interests, however, were the dictates of fundamental fairness and the recognized seriousness of the offense of perjury. Inasmuch as the Government's motion was the result of inadvertent drafting of the indictment, the court did not abuse its discretion in granting the motion.

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