What are the grounds for reversal of a motion for a continuance to procure an absent witness?

The granting of a continuance to procure an absent witness rests in the sound discretion of the trial court and should not be disturbed on appeal absent a clear showing of abuse. Isaacs v. United States, 159 U.S. 487, 489, 16 S.Ct. 51, 40 L.Ed. 229 (1895); Powell v. United States, 420 F.2d 799, 801 (9th Cir. 1969). There is no abuse here. The reasons expressed by the trial court for denying the request for a continuance are sound and supported by the record.

The second ground for reversal concerns the trial judge's denial of requested jury instructions. Appellant claims the instructions directed the attention of the jury to his defense of misidentification more clearly and precisely than the instructions given by the trial court. The specific instructions proposed by the appellant were the "model" instructions first adopted by the District of Columbia Circuit in United States v. Telfaire,152 U.S.App.D.C. 146, 469 F.2d 552 (1972), and subsequently adopted by the Fourth and Seventh Circuits.