STIPULATION AND PROPOSED ORDER TO CONTINUE REVOCATION HEARING (Fifth Request)

JAMES C. MAHAN, District Judge.

It is hereby stipulated and agreed, by and between Dayle Elieson, United States Attorney, through Richard Anthony Lopez, Assistant United States Attorney, and Craig W. Drummond, Esq., counsel for defendant Rosalio Alcantar, that the hearing regarding revocation of supervised release scheduled for October 29, 2018, at 10:00 a.m. be VACATED and set for a date and time convenient for the Court but no sooner than 30 days from the currently scheduled date.

This stipulation is entered into for the following reasons:

1. The Petition for Revocation of Supervised Release alleges that the Defendant committed new offenses while under supervision.

2. The parties have reached an agreement in principle that resolves both the revocation proceedings and the new substantive offenses in a single agreement.

3. The parties need additional time to reduce the agreement to writing and obtain the necessary approvals and signatures.

4. In addition, counsel for the Government has a conflict with the current scheduled hearing date because trial in United States v. Fujinaga, No. 2:15-cr-00198-GMN-NJK, is scheduled to begin at 8:30 a.m. on October 29, 2018. The Fujinaga trial is expected to last two to four weeks.

5. The Defendant is not in custody and does not object to the continuance.

6. The parties agree to the continuance.

7. This is the fifth request for a continuance of the revocation hearing.

FINDINGS OF FACT

Based on the parties' stipulation to continue the hearing regarding revocation of supervised release, and good cause appearing therefore, the Court finds that:

1. The Petition for Revocation of Supervised Release alleges that the Defendant committed new offenses while under supervision.

2. The parties have reached an agreement in principle that resolves both the revocation proceedings and the new substantive offenses in a single agreement.

3. The parties need additional time to reduce the agreement to writing and obtain the necessary approvals and signatures.

4. In addition, counsel for the Government has a conflict with the current scheduled hearing date because trial in United States v. Fujinaga, No. 2:15-cr-00198-GMN-NJK, is scheduled to begin at 8:30 a.m. on October 29, 2018. The Fujinaga trial is expected to last two to four weeks.

5. The Defendant is not in custody and does not object to the continuance.

6. The parties agree to the continuance.

7. This is the fifth request for a continuance of the revocation hearing.

CONCLUSIONS OF LAW

8. For all of the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing date.

ORDER

IT IS HEREBY ORDERED that the hearing regarding revocation of supervised release presently scheduled for October 29, 2018, at the hour of 10:00 a.m. be continued to December 3, 2018 at the hour of 10:30 a.m. in Las Vegas Courtroom 6A before Judge James C. Mahan.