United States v. Casillas

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 00-50121
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GREGORIO CASILLAS, JR.,
Defendant-Appellant.
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Appeal from the United States District Court for the
Western District of Texas
USDC No. EP-99-CR-1188-ALL-DB
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October 17, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gregorio Casillas, Jr. argues that the district court abused
its discretion in denying his motions to continue his suppression
hearing and his trial date. Casillas argues that if he had been
given the opportunity to take a second polygraph examination, it is
likely that it would have produced evidence favorable to the
defense.
“This court will reverse a district court’s decision denying
a defendant’s motion for continuance only when the district court

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has abused its discretion and the defendant can establish that he
suffered serious prejudice.” United States v. Scott, 48 F.3d 1389,
1393 (5th Cir. 1995). The district court permitted Casillas to
take a polygraph test prior to trial, and the test did not produce
a conclusive result that Casillas was truthful in his assertion
that he had not given consent to a search of his apartment.
Because the test did not result in conclusive evidence, Casillas
has not shown that he suffered serious prejudice as a result of the
district court’s refusal to continue the suppression hearing and
his trial to allow him another opportunity to attempt to obtain
favorable polygraph results. The district court did not abuse its
discretion in denying Casillas’s motions for a continuance.
A F F I R M E D.

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