The following excerpt is from People of Territory of Guam v. Cruz, 70 F.3d 1090 (9th Cir. 1995):
The citation of United States v. Kelly, 420 F.2d 26, 29 (2d Cir.1969) is also unavailing. There, the defense was confronted at trial with new scientific test results which would have taken "some three weeks" to replicate in any independent test conducted by the defense. After the defense's motion for a month's continuance so that its own test could be conducted was denied, the court of appeals reversed on the grounds that the inability to conduct its own test severely prejudiced the defense. The case is thus also distinguishable.
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