MOTION TO CONTINUE REVOCATION OF PRETRIAL RELEASE HEARING

(Expedited Treatment Requested)

CARL W. HOFFMAN, Magistrate Judge.

Comes now, Marisol Lopez, by and through her attorney, Heidi Ojeda, Assistant Federal Public Defender, and hereby requests the Court continue the revocation hearing currently set for December 19, 2016 at 1:30 p.m. Ms. Lopez is requesting the hearing be continued for at least 2 weeks.

On August 15, 2015, Ms. Lopez appeared for her initial appearance and was released back to her residence in California with certain conditions. PR Bond # 5. Since August of 2015, until just recently, Ms. Lopez complied with all the terms of her release. In fact, in February of 2016, Ms. Lopez petitioned the Court to add a condition of mental health treatment so she could get assistance processing the stress of this case and her 13-year-old son's battle with cancer. CR#28.

Ms. Lopez is a single parent to 6 children, 5 of which are still living with her. Ms. Lopez's 13 year-old-son was diagnosed with stage 4 cancer shortly after Ms. Lopez was arrested on this case, and last December, her son's foot had to be amputated due to the caner.1 Although initially the prognosis was not very good, Ms. Lopez's son has responded well to the chemotherapy treatment. Initially, doctors believed that her son would require surgery on both lungs given the number of cancerous tumors. Now, after having just finished another round of chemotherapy, her son's prognosis is better. This week, her son starts 5 rounds of radiation therapy. This radiation therapy requires Ms. Lopez and her son to be in the hospital every other day over the next 2 weeks. Assuming this radiation therapy goes well, her son should not need any immediate treatment for his cancer in the foreseeable future.

Ms. Lopez is the only one able to be there for her son during these radiation treatments. Currently, the hearing for revocation is set for December 19, 2016, which will be during the radiation treatments. Ms. Lopez is therefore requesting that this court continue the revocation hearing for 2 weeks to allow her time to be there with her 13-year-old son as he completes his radiation therapy.

Ms. Lopez was originally arrested in California on the Pretrial Services violations. Ms. Lopez was released by the California court and told to appear in Las Vegas on December 8, 2016. Ms. Lopez appeared as directed. Ms. Lopez has no criminal history and no history of failures to appear. She has driven from California to Las Vegas to appear at every court appearance to-date. Further, she is in constant communication with counsel about this case and any scheduling conflicts.

For all these reasons, Ms. Lopez respectfully requests that the Court continue her revocation hearing for 2 weeks to allow Ms. Lopez's son to complete his radiation therapy prior to her having to travel to Las Vegas for her revocation hearing.

PROPOSED ORDER

Before the Court is Marisol Lopez's Motion to Continue Revocation of Pretrial Release Hearing.

IT IS HEREBY ORDERED that the Revocation hearing currently scheduled for Monday, December 19, 2016 at the hour of 1:30 p.m., be vacated and continued to January 9, 2017 at the hour of 10:00 a.m.