Professional Documents
Culture Documents
No. 08-4434
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
G. Ross Anderson, Jr., Senior
District Judge. (6:07-cr-00393-GRA-1)
Submitted:
Decided:
PER CURIAM:
Following
jury
trial,
Charles
E.
Atwell
was
violation
claiming
denying
that
his
of
18
the
U.S.C.
152(3)
district
court
motion
for
opportunity to allocute.
(2006).
abused
continuance
Atwell
its
and
appeals,
discretion
denied
by
him
an
affirm.
During the second day of trial near the end of the
Governments presentation of its final witness, Atwell moved for
a continuance on the ground that he was not feeling well.
The
court
reviews
district
courts
denial
demonstrates
that
the
district
court
United States
of
Even if a
abused
its
on
matters
continuances;
2
only
an
unreasoning
and
arbitrary
insistence
justifiable
request
upon
for
expeditiousness
delay
assistance of counsel.
violates
in
the
the
face
right
to
of
the
We have
Ashe v.
North Carolina, 586 F.2d 334, 336 (4th Cir. 1978); Fed. R. Crim.
P.
32(i)(4)(A)(ii)
(right
to
allocution
in
federal
cases).
However, that
Allocution
[The
Id. at 337.
and
offer
information
in
mitigation
of
his
sentence.
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED