Opinion
No. 1:12-cr-00363 AWI-BAM
02-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. CHARLES ALBERT RISLEY, Defendant.
BENJAMIN B. WAGNER United States Attorney DAVID L. GAPPA Assistant United States Attorney Attorney for Plaintiff JOSEPH SCHLESINGER Acting Federal Defender ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Charles Albert Risley
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
ERIC V. KERSTEN, Bar #226429
Assistant Federal Defender
Designated Counsel for Service
2300 Tulare Street, Suite 330
Fresno, California 93721-2226
Telephone: (559) 487-5561
Attorney for Defendant
Charles Albert Risley
STIPULATION TO CONTINUE STATUS
CONFERENCE AND ORDER THEREON
Date: March 11, 2013
Judge: Hon. Barbara A. McAuliffe
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, DAVID L. GAPPA, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Charles Albert Risley, that the date for status conference in this matter may be continued to March 11, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is February 11, 2013. The requested new date is March 11, 2013.
The government has provided a plea offer in this matter; however, Mr. Risley would like additional time to consider the offer before deciding how to proceed. In addition, counsel needs time to review the forensic evidence and possibly conduct other investigation in order to better apprise Mr. Risley of the merits of the offer
The parties agree that the delay resulting from the requested 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 defendant in a speedy trial.
BENJAMIN B. WAGNER
United States Attorney
By ____________________________
DAVID L. GAPPA
Assistant United States Attorney
Attorney for Plaintiff
JOSEPH SCHLESINGER
Acting Federal Defender
By ____________________________
ERIC V. KERSTEN
Assistant Federal Defender
Attorney for Defendant
Charles Albert Risley
ORDER
DENIED.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE