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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`v.
`
`KELLY ANN MOGAVERO,
`
`Defendant.
`
`Case No. 2:15-CR-00074-JAD-NJK 00059-
`VCF0000-XXX
`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.
`
`The current revocation hearing is scheduled for October 28, 2024. Both
`
`government counsel and counsel for defense are out of the district the entire week
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`beginning October 28, 2024.
`
`2.
`
`Both counsel for the defense and counsel for the government need
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`additional time to prepare for the revocation hearing in this case. The parties have agreed
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`to continue the hearing for at least 30 days because defense counsel needs additional time
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`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
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`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
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`4
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`
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`Case 2:15-cr-00074-JAD-NJK Document 155 Filed 10/23/24 Page 2 of 2
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`violation matter. The defense requires additional time to adequately advise Mogavero
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`regarding any plea negotiations in light of her recent medical diagnosis.
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`4.
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`5.
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`6.
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`The defendant is not incarcerated and does not object to the continuance.
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`The parties agree to the continuance.
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`The additional time requested herein is not sought for purposes of delay,
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`but merely to allow the defense sufficient time within which adequately prepare for the
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`hearing. Additionally, denial of this request for continuance could result in a miscarriage
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`of justice, and the ends of justice served by granting this request, outweigh the best
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`interest of the public and the defendant in a speedy hearing.
`
`7.
`
`This is the fifth stipulation to continue the revocation hearing.
`
`ORDER
`
`THEREFORE, IT IS HEREBY ORDERED that the revocation hearing in the
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`above-captioned matters, currently scheduled for October 28, 2024 at 1:30 p.m., be
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`vacated and continued to a date and time convenient to this Court, that is on
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`December 3, 2024, at the hour of 11:00 a.m.
`
`DATED this 23rd day of October 2024.
`
`________________________________
`Jennifer A. Dorsey
` United States District Court Judge
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