Opinion
Criminal Case No. 07-cr-00363-LTB.
July 17, 2009
ORDER
This matter was scheduled for sentencing today, July 17, 2009. Defendant and his counsel, Mr. Zone, failed to appear. The Court located Mr. Zone by phone, and he claimed to have been unaware of today's hearing, despite being notified of the hearing in this Court's Minute Order dated June 4, 2009 [ Docket # 146]. As stated on the record, it is hereby ORDERED as follows:
1. The sentencing hearing scheduled for today is CONTINUED to Thursday, August 20, 2009, at 11:00 a.m. in Courtroom C401, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. Defendant and counsel must be present. An interpreter is required;
2. A telephonic status conference is scheduled for Thursday, August 13, 2009, at 9:00 a.m. Both Defendant and his counsel must appear. An interpreter is required;
3. Mr. Zone has filed multiple motions seeking to delay sentencing in this case due to his own personal illness. As noted at the hearing, the Court is concerned about the effectiveness of Mr. Zone's representation of Defendant in this case. Accordingly, IT IS ORDERED that:
a. On or before August 3, 2009, Mr. Zone shall file with the Court, under seal, statements by his attending physicians setting out the nature of his medical problems, their diagnosis, and their prognosis;
b. On or before August 12, 2009, Mr. Zone shall file with Court, under seal, any additional medical reports documenting his medical problems through that date;
c. Mr. Zone is further ORDERED to secure alternative counsel for Defendant. Alternative counsel must be fully briefed and able to substitute for Mr. Zone in the event Mr. Zone is unable to attend any scheduled hearing for any reason;
4. Failure to comply with the terms of this order shall result in a citation to show cause why Defendant's counsel, Mr. Zone, should not be found in contempt of court.