IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

vs. ) CASE NO. 2:06cr193-MEF

 )

JOSHUA WAYNE HESTER )

DEFENDANT’S UNOPPOSED MOTION TO CONTINUE SENTENCING

 Comes now Joshua Wayne Hester, by undersigned counsel, who moves the Court for the entry 

of an order continuing the sentencing in this cause for a period of 45 days. In support of the

motion, the following is shown to the Court:

1. By prior order, the Court scheduled the sentencing in this cause for March 15, 2007,

commencing at 9:00 a.m.

2. As the Court may be aware, Mr. Hester is also facing parallel state charges in the Circuit

Court of Elmore County which arise out of the same nucleus of facts as that comprising this

prosecution.

3. It is counsel’s considered belief that the interests of society-at-large and Mr. Hester would be

much better served if he were able to be incarcerated in a facility operated by the United States

Bureau of Prisons (BOP) than by the State of Alabama for service of his sentence. Before

undersigned counsel left Alabama for Macon, Georgia, he served as a Commissioner on the

Alabama Sentencing Commission for 5 years and he is aware of the dearth of programmatic

opportunities which would be available to Mr. Hester during the duration of his incarceration. 

However, in order to make sure that Mr. Hester will serve his sentence in a BOP facility, it is

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 Counsel has previously consulted with Mr. Kevin Butler, First Assistant with the Federal Defender 1

Program of the Middle District of Alabama, Inc. about the issue of placement after the sentencing of those with

parallel state and federal charges and the sequencing of the sentencing is critical.

imperative that any federal sentence be imposed after the imposition of any state sentence. This

is so because of BOP and/or the Marshal’s Service policies.1

4. Counsel has been in discussions with the Assistant District Attorney in Elmore County who

is representing the State of Alabama in Mr. Hester’s case about arriving at a negotiated plea

agreement that will ultimately result in a sentence that will run concurrently with any federal

sentence that will be imposed. Counsel is encouraged that such a resolution will be possible,

however, more time is needed to arrive at the appropriate result.

5. Counsel reasonably believes that with an additional 45 days, the parallel state charges are

capable of being resolved in a manner that will enable the service of concurrent sentences in an

appropriate federal facility.

6. Counsel has discussed this matter in depth with Mr. Andrew Schiff, the Assistant United

States attorney representing the government in this matter. Mr. Schiff is fully aware of this

matter and is unopposed to the Court granting the relief sought in this motion. In addition, Mr.

Schiff has authorized undersigned counsel to inform the Court of the government’s lack of

opposition to this motion.

7. There will be no prejudice suffered should the Court grant the relief sought in this motion and

continue the sentencing since Mr. Hester is confined at the Montgomery City Jail, and has been

since the entry of his guilty plea in this cause. 

 WHEREFORE, the premises considered, Mr. Hester prays the Court will consider the matter

set forth herein and, after due consideration, determine that the relief sought herein should be

granted and will enter its order directing that the sentencing in this cause be continued so that

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counsel for Mr. Hester may continue to work on the resolution of the parallel state court charges

and further order that sentencing be re-scheduled until such later date as the Court deems

appropriate.

Respectfully submitted,

s/Stephen R. Glassroth

STEPHEN R. GLASSROTH

Counsel for Joshua Wayne Hester

AL Bar Code: GLA005

Post Office Box 996

Macon, Georgia 31202-0996

Phone (478)743-4747

Fax (478) 743-4749

E-mail sglassroth@gmail.com

CERTIFICATE OF SERVICE

I hereby certify that on February 12, 2007, I electronically filed the foregoing with the Clerk of

the Court using the CM/ECF system which will send notification of such filing to all counsel of

record in this matter.

s/Stephen R. Glassroth

STEPHEN R. GLASSROTH

Counsel for Joshua Wayne Hester

AL Bar Code: GLA005

Post Office Box 996

Macon, Georgia 31202-0996

Phone (478)743-4747

Fax (478) 743-4749

E-mail sglassroth@gmail.com

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