Taurus Zambrella v. United States

CUDAHY, Circuit Judge,

concurring in the judgment.

The majority deals properly with the Franks hearing issue. The other issue is whether the district court should, in its discretion, have granted a continuance to obtain a sentencing transcript with respect to Zambrella’s prior drug offense to support an increase in sentence of some fourteen years. It seems to me that we are only lending credence to Zambrella’s complaint by obtaining and relying here on the very transcript that Zambrella sought, to support a decision that there was no need for the district court to consult the same transcript. See maj. op. at 640-642.