United States v. Andrew F. Burton

SPOTTSWOOD W. ROBINSON, III, Circuit Judge,

dissenting:

Appellant challenges the District Court’s denial of his motion for a continuance to enable Mm to obtain replacement counsel after the court permitted one of his existing counsel to withdraw on the eve of trial. My colleagues affirm, applying an abuse of discretion standard to the totality of the circumstances.1 Though that analysis is impeccable when a trial court has adjudged the time necessary to prepare for trial, or when the continuance was requested after a fair opportunity to retain counsel had already been provided, it is, in my…