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`JASON M. FRIERSON
`United States Attorney
`Nevada Bar No. 7709
`KIMBERLY M. FRAYN
`Assistant United States Attorney
`501 Las Vegas Boulevard South, Suite 1100
`Las Vegas, Nevada 89101
`Telephone: 702.388.6336
`Kimberly.Frayn@usdoj.gov
`Attorneys for the United States
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`UNITED STATES OF AMERICA,
`
`Case No. 2:15-CR-00074-JAD-NJK
`
`Plaintiff,
`
`v.
`
`KELLY ANN MOGAVERO,
`
`Defendant.
`
`Stipulation To Continue Supervised
`Release Revocation Hearing
`(First Request)
`
`IT IS HEREBY STIPULATED AND AGREED, by and between Jason M.
`
`Frierson, United States Attorney, and Kimberly M. Frayn, Assistant United States
`
`Attorney, counsel for the United States of America, and Rene L. Valladares, Federal
`
`Public Defendant and Benjamin F. Nemec, Assistant Federal Public Defender, counsel
`
`for Kelly Ann Mogavero, (“Mogavero”), that the supervised release revocation hearing
`
`in the abovementioned case, which is currently scheduled for December 27, 2023 at 2:30
`
`p.m., be continued and reset to a date and time convenient to this Court, but not sooner
`
`than 60 days from the current hearing date for the following reasons:
`
`1.
`
`On or about November 29, 2023, Mogavero appeared on the petition
`
`seeking to revoke her supervised release and was released on conditions, including home
`
`
`
`Case 2:15-cr-00074-JAD-NJK Document 142 Filed 12/15/23 Page 2 of 5
`
`confinement with electronic monitoring pending a the supervised release revocation
`
`hearing, which is currently scheduled for December 27, 2023 at 2:30 p.m..
`
`2.
`
`Government counsel is going to be out of the District on the current
`
`December 27th hearing date.
`
`3.
`
`The parties have agreed to continue the supervised release revocation
`
`hearing for at least 60 days. Mogavero is under investigation by the FBI for a Covid-19
`
`Relief Funds violation. Mogavero has retained counsel, Mace Yampolsky, Esq., in
`
`connection with the fraud matter. The parties have agreed to try to negotiate a global
`
`resolution to include the revocation violations and the fraud matter. Assistant Federal
`
`Public Defender Nemec has requested access to the discovery in the fraud case and will
`
`need additional time to review it before attempting to negotiate the case.
`
`4.
`
`If an agreement cannot be reached, the parties will need additional time to
`
`adequately prepare for the revocation hearing.
`
`5.
`
`The defendant is at liberty and will not be unduly prejudiced by the brief
`
`delay requested herein.
`
`6.
`
`7.
`
`The parties agree to the continuance.
`
`The additional time requested herein is not sought for purposes of delay,
`
`but merely to allow the government continuity of counsel and sufficient time within
`
`which adequately prepare for the revocation hearing. Additionally, denial of this request
`
`for continuance could result in a miscarriage of justice, and the ends of justice served by
`
`/ / /
`/ / /
`/ / /
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`Case 2:15-cr-00074-JAD-NJK Document 142 Filed 12/15/23 Page 3 of 5
`
`granting this request, outweigh the best interest of the public and the defendant in a
`
`speedy hearing.
`
`8.
`
`This is the first stipulation to continue the hearing.
`
`DATED this 15th day of December, 2023.
`
`RENE L. VALLADARES
`Federal Public Defender
`
`JASON M. FRIERSON
`United States Attorney
`
` /s/ Benjamin F. Nemec
`By_____________________________
`Benjamin F. Nemec
`Assistant Federal Public Defender
`
` /s/ Kimberly M. Frayn
`By_____________________________
`KIMBERLY M. FRAYN
`Assistant United States Attorney
`
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`Case 2:15-cr-00074-JAD-NJK Document 142 Filed 12/15/23 Page 4 of 5
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`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`UNITED STATES OF AMERICA,
`
`Case No. 2:15-CR-00074-JAD-NJK
`
`Plaintiff,
`
`v.
`
`KELLY ANN MOGAVERO,
`
`Defendant.
`
`Findings of Fact, Conclusions of Law
`and Order
`
`FINDINGS OF FACT
`
`Based on the pending Stipulation of counsel, and good cause appearing therefore,
`
`the Court finds that:
`
`1.
`
`On or about November 29, 2023, Mogavero appeared on the petition
`
`seeking to revoke her supervised release and was released on conditions, including home
`
`confinement with electronic monitoring pending a the supervised release revocation
`
`hearing, which is currently scheduled for December 27, 2023 at 2:30 p.m..
`
`2.
`
`Government counsel is going to be out of the District on the current
`
`December 27th hearing date.
`
`3.
`
`The parties have agreed to continue the supervised release revocation
`
`hearing for at least 60 days. Mogavero is under investigation by the FBI for a Covid-19
`
`Relief Funds violation. Mogavero has retained counsel, Mace Yampolsky, Esq., in
`
`connection with the fraud matter. The parties have agreed to try to negotiate a global
`
`resolution to include the revocation violations and the fraud matter. Assistant Federal
`
`Public Defender Nemec has requested access to the discovery in the fraud case and will
`
`need additional time to review it before attempting to negotiate the case.
`4
`
`
`
`Case 2:15-cr-00074-JAD-NJK Document 142 Filed 12/15/23 Page 5 of 5
`
`4.
`
`If an agreement cannot be reached, the parties will need additional time to
`
`adequately prepare for the revocation hearing.
`
`5.
`
`The defendant is at liberty and will not be unduly prejudiced by the brief
`
`delay requested herein.
`
`6.
`
`7.
`
`The parties agree to the continuance.
`
`The additional time requested herein is not sought for purposes of delay,
`
`but merely to allow the government continuity of counsel and sufficient time within
`
`which adequately prepare for the revocation hearing. Additionally, denial of this request
`
`for continuance could result in a miscarriage of justice, and the ends of justice served by
`
`granting this request, outweigh the best interest of the public and the defendant in a
`
`speedy hearing.
`
`8.
`
`This is the first stipulation to continue the hearing.
`
`ORDER
`
`THEREFORE, IT IS HEREBY ORDERED that the revocation hearing in the
`
`above-captioned matters, currently scheduled for December 27, 2023, be vacated and
`
`continued to March 4, 2024, at 10:00 a.m.
`
`DATED this 15th day of December 2023.
`
`________________________________
`HONORABLE JENNIFER A. DORSEY
`United States District Court Judge
`
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