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No. 04-4070
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CR-03-6)
Submitted:
Decided:
December 8, 2004
PER CURIAM:
NFamara Sylla appeals his conviction and sentence for
bank fraud, in violation of 18 U.S.C. 344, 2 (2000), conspiracy
to commit bank fraud, in violation of 18 U.S.C. 371 (2000), and
money laundering, in violation of 18 U.S.C. 1956(a)(1)(B)(I), 2
(2000).
Sylla
contends
that
the
district
court
abused
its
United States v.
The
denial of
U.S. 1, 11-12 (1983) (quoting Ungar v. Sarafite, 376 U.S. 575, 589
(1964)). In denying Syllas motion for a continuance, the district
court noted that Sylla had approximately ten months, from the date
of the indictment until trial, to develop and present an alibi
defense, yet counsel waited until the day of trial to assert an
alibi defense.
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record showing that he was not placed in custody until two months
after the bank fraud offenses occurred.
United States v.
A new trial will be
conclude that Syllas motion for a new trial did not meet any of
these conditions. Accordingly, we conclude that the district court
did not abuse its discretion in denying Syllas motion.
Stokes,
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United States
As a threshold matter,
In response,
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