Opinion
NO. 1:10-cr-00160 LJO
08-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. DAVID CHARLES ZASTROW, Defendant.
BENJAMIN B. WAGNER United States Attorney By BRIAN ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender By ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant David Charles Zastrow
DANIEL J. BRODERICK, Bar #89424
Federal Defender
ERIC V. KERSTEN, Bar #226429
Assistant Federal Defender
Attorney for Defendant
David Charles Zastrow
STIPULATION TO CONTINUE SENTENCING HEARING AND ORDER
Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN ENOS, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, David Charles Zastrow, that the date for sentencing may be continued to August 26, 2011, or the soonest date thereafter that is convenient to the court. The date currently set for sentencing is August 19, 2011, at 10:30 a.m. The requested new date is August 26, 2011, at 10:30 a.m.
Mr. Zastrow is currently housed in the Kern County Detention Facility. Due to resulting difficulties in communication between Mr. Zastrow and counsel, the defendant's informal objections were not completed until August 3, 2011. The defense is requesting this short continuance to allow the United States Probation Office adequate time to respond to the defendant's informal objections. This will permit sentencing to proceed in an orderly manner.
AUSA Brian Enos was unable to confirm that co-counsel for plaintiff, AUSA Stanley A. Boone, is available on the requested date. In the event that Mr. Boone is not available August 26, 2011, the parties may request another short continuance to a date convenient to all.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.
BENJAMIN B. WAGNER
United States Attorney
By BRIAN ENOS
Assistant United States Attorney
Attorney for Plaintiff
DANIEL J. BRODERICK
Federal Defender
By ERIC V. KERSTEN
Assistant Federal Defender
Attorney for Defendant
David Charles Zastrow
ORDER
The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). Good cause exists for the continuance as stated in the stipulation.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE