Opinion
2:20-cr-00188-RFB-DJA
07-28-2023
UNITED STATES OF AMERICA, Plaintiff, v. DUSTIN PAUL TESCH, Defendant.
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY BENJAMIN F. J. NEMEC ASSISTANT FEDERAL PUBLIC DEFENDER JASON M. FRIERSON UNITED STATES ATTORNEY BY DAVID KIEBLER ASSISTANT UNITED STATES ATTORNEY
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY BENJAMIN F. J. NEMEC ASSISTANT FEDERAL PUBLIC DEFENDER
JASON M. FRIERSON UNITED STATES ATTORNEY BY DAVID KIEBLER ASSISTANT UNITED STATES ATTORNEY
STIPULATION TO CONTINUE FINAL HEARING FOR REVOCATION OF SUPERVISED RELEASE
(First Request)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and David Kiebler, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Benjamin F. J. Nemec, Assistant Federal Public Defender, counsel for Dustin Paul Tesch, that the final hearing for revocation of supervised release currently scheduled on September 9, 2023 at 9:00 a.m., be vacated and continued to a date and time convenient to the Court, but no sooner than one-hundred-twenty (120) days.
This Stipulation is entered into for the following reasons:
1. The parties agreed during the April 17,2023 status conference, this matter would trail the defendants other criminal case set before Judge Dorsey, case number 2:22-cr-00038-JAD-NJK, which is currently scheduled for trial on December 19,2023.
2. This stipulation for a continuance will allow Mr. Tesch's new criminal case to resolve first, so this matter can move forward.
3. The defendant is in custody and agrees with the need for the continuance.
4. The parties agree to the continuance.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
This is the first request for a continuance filed herein.
ORDER
IT IS THEREFORE ORDERED that the final hearing for revocation of supervised release currently scheduled for September 9, 2023 at 9:00 a.m., be vacated and continued to January 17, 2024 at 9:30 a.m.