The following excerpt is from U.S. v. Morrison, 884 F.2d 1396 (9th Cir. 1989):
We review the district court's denial of a continuance for an abuse of discretion. Armant v. Marquez, 772 F.2d 552, 556 (9th Cir.1985). When ruling upon a defendant's request for a continuance to obtain a witness, a district court must consider, inter alia, whether the witness can probably be obtained if the continuance is granted and whether the defendant exercised due diligence in seeking to obtain the witness' attendance at trial. United States v. Sterling, 742 F.2d 521, 527 (9th Cir.1984). We consider the following factors when determining whether the district court abused its discretion: 1) the degree of diligence in the defense's efforts to obtain the witness; 2) the inconvenience caused by the grant of the continuance; 3) the likelihood that a continuance will lead to the witness' presence at trial; and 4) the prejudice suffered as a result of the denial. See Armant, 772 F.2d at 557. We find no abuse of discretion.
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