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`Case 2:15-cr-00074-JAD-NJK Document 146 Filed 05/16/24 Page 1 of 2
`
`
`
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`
`
`
`
`v.
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`
` Case No. 2:15-CR-00074-JAD-NJK 00059-
`VCF0000-XXX
`Findings of Fact, Conclusions of Law and
`Order
`
`
`
`KELLY ANN MOGAVERO,
`
`Defendant.
`
`
`
`
`
`FINDINGS OF FACT
`
`Based on the pending Stipulation of counsel, and good cause appearing therefore, the
`
`Court finds that:
`
`1.
`
`The current revocation hearing is scheduled for May 20, 2024. Government
`
`counsel will be out of the district for work from May 20 through May 23, 2024, and on
`
`previously scheduled leave on May 24, 2024.
`
`2.
`
`Both counsel for the defense and counsel for the government need additional
`
`time to prepare for the revocation hearing in this case. The parties have agreed to continue the
`
`hearing for at least 60 days because defense counsel needs additional time to consult with
`
`Mogavero and prepare her for the hearing.
`
`3. Moreover, the parties have agreed to try to negotiate a global resolution to
`
`include the revocation violations and a pre-indictment agreement regarding allegations of a new
`
`federal law violation that has not yet been charged against the defendant. Mogavero is
`
`represented by retained counsel, Mace Yampolsky, Esq., in the new law violation matter. The
`
`defense requires additional time to adequately advise Mogavero regarding any plea
`
`negotiations.
`
`
`
`4
`
`
`
`Case 2:15-cr-00074-JAD-NJK Document 146 Filed 05/16/24 Page 2 of 2
`
`4.
`
`5.
`
`6.
`
`The defendant is not incarcerated and does not object to the continuance.
`
`The parties agree to the continuance.
`
`The additional time requested herein is not sought for purposes of delay, but
`
`merely to allow the defense sufficient time within which adequately prepare for the 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.
`
`7.
`
`This is the third stipulation to continue the revocation hearing.
`
`ORDER
`
`THEREFORE, IT IS HEREBY ORDERED that the revocation hearing in the above-
`
`captioned matter, currently scheduled for May 20, 2024, at 10:30 a.m., be vacated and
`
`continued to a date and time convenient to this Court, that is on July 29, 2024, at the hour of
`
`10:00 a.m.
`
`DATED this 16th day of May 2024.
`
`HONORABLE JENNIFER A. DORSEY
`United States District Court Judge
`
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