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United States of America v. David Charles Zastrow

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 5, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DAVID CHARLES ZASTROW,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill

STIPULATION TO CONTINUE SENTENCING HEARING AND ORDER

Date: August 26, 2011 Time: 10:30 a.m.

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*fn1 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.

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 DATED: August 5, 2011 By BRIAN ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: August 5, 2011 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.

b9ed48

UNITED STATES DISTRICT JUDGE

Zastrow: Stipulation to Continue Sentencing and Order


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