Is Ogundipe's claim that a judge's refusal to grant a continuance to allow him to continue with his trial is an abuse of time?

MultiRegion, United States of America

The following excerpt is from U.S. v. Ogundipe, 99 F.3d 402 (2nd Cir. 1995):

Such scheduling matters are substantially committed to the discretion of the trial judge. "To show abuse of that discretion, the defendant must demonstrate that the court's denial of a continuance was arbitrary and substantially impaired his defense." United States v. King, 762 F.2d 232, 235 (2d Cir.1985); see also United States v. Dennis, 843 F.2d 652, 653 n. 1 (2d Cir.1988). Ogundipe has failed to show either that the judge's refusal of further continuances was an abuse of discretion, or that it resulted in prejudice to the defense. His claim that the trial schedule deprived him of the use of materials produced is greatly exaggerated. Nor does he show what use he would have made of them given more time.

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