The following excerpt is from Powell v. United States, 420 F.2d 799 (9th Cir. 1969):
The granting of a continuance to procure an absent witness rests in the sound discretion of the trial court and will not be disturbed on appeal absent a clear showing of abuse. Evalt v. United States, 382 F.2d 424, 427 (9th Cir. 1967). Here the proferred testimony related only to a collateral matter and a matter which was not really in dispute throughout the trial. Moreover, there was no showing that the witnesses could be located within a reasonable time or that they would, in fact, be willing to return to the United States and testify that they purchased narcotics from the informant. In light of the above circumstances, we are unable to say that the court abused its discretion in denying the defendant's pretrial motion for a continuance.
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