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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
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`FINDINGS OF FACT
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`Based on the pending Stipulation of counsel, and good cause appearing therefore, the
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`Court finds that:
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`1.
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`Both counsel for the defense and counsel for the government need additional time
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`to prepare for the revocation hearing in this case. The parties have agreed to continue the hearing
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`for at least 60 days because defense counsel needs additional time to consult with Mogavero and
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`prepare her for the hearing.
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`2.
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`Additionally, the parties have reached a negotiated global resolution to include the
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`revocation violations and a pre-indictment agreement regarding allegations of a new federal law
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`violation that has not yet been charged against the defendant. Mogavero is represented by
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`retained counsel, Mace Yampolsky, Esq., in the new law violation matter. Mr. Yampolsky, Esq.
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`has received a written plea agreement from the government memorializing the global resolution
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`and needs additional time to return a signed agreement to the government because he is out of
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`district until November 25, 2024.
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`3.
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`4.
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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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`Case 2:15-cr-00074-JAD-NJK Document 158 Filed 11/22/24 Page 2 of 2
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`5.
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`The additional time requested herein is not sought for purposes of delay, but
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`merely to allow the defense sufficient time within which adequately prepare for the hearing.
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`Additionally, denial of this request for continuance could result in a miscarriage of justice, and
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`the ends of justice served by granting this request, outweigh the best interest of the public and
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`the defendant in a speedy hearing.
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`6.
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`This is the sixth stipulation to continue the revocation hearing.
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`ORDER
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`THEREFORE, IT IS HEREBY ORDERED that the revocation hearing in the above-
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`captioned matter, currently scheduled for December 3, 2024, at 11:00 a.m., be vacated and
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`continued to a date and time convenient to this Court, that is on February 10, 2025, at the
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`hour of 10:00 a.m.
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`DATED this 22nd day of November 2024.
`
`Jennifer A. Dorsey
`United States District Court Judge
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