STIPULATION TO CONTINUE HEARING FOR REVOCATION OF SUPERVISED RELEASE

GLORIA M. NAVARRO, Chief District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Dayle Elieson, United States Attorney, and Daniel J. Cowhig, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Paul Riddle, Assistant Federal Public Defender, counsel for offender ROCCO LAZAllARO, that the Revocation Hearing currently scheduled for Friday, November 16 at 8:30 a.m. be vacated and continued to a date and time convenient to the Court not sooner than 14 days from the current setting.

This Stipulation is entered into for the following reasons:

1. An essential witness will be unavailable on the current setting date due to a previously scheduled medical procedure. The witness receives chemotherapy each Friday. As a result of the effects of each session of the chemotherapy, she is physically unable to attend a hearing until the middle of the following week. The supervising probation officers, who are also essential witnesses, and the assigned Assistant United States Attorney will be unavailable Monday November 19 through Wednesday November 21.

2. The parties have conferred and continue to discuss a potential resolution.

3. Failing an agreement, the parties anticipate that a hearing on the petition may require approximately three hours. The parties understand that an unrelated multi-day trial currently before the Court appears likely to continue through the current scheduled date in this matter and appears likely to continue into the following week.

4. Offender LAZAllARO is in custody and agrees with the need for the continuance.

5. This continuance is sought for the purposes set out above, not for the purpose of delay.

6. The parties agree to the continuance.

This is the first request for a continuance of the revocation hearing.

RELIEF REQUESTED

For the reasons stated above, the parties request the Court vacate the revocation hearing in this matter currently set for Friday, November 16 at 8:30 a.m. and continue the revocation hearing to a date and time convenient to the Court in the middle of a week not sooner than 14 days from the current setting. A proposed order is attached.

PROPOSED ORDER GRANTING THE STIPULATION TO CONTINUE HEARING FOR REVOCATION OF SUPERVISED RELEASE

ORDER

IT IS HEREBY ORDERED, based upon the stipulation of the parties and the record in this case and for good cause shown, that the revocation hearing currently scheduled for Friday, November 16 at 8:30 a.m. be vacated and continued to ___ Thursday, December 11, 2018, ______________ at the hour of 10:30: a.m. in Las Vegas Courtroom 7D.

IT IS SO ORDERED.