STIPULATION TO VACATE HEARING FOR REVOCATION OF SUPERVISED RELEASE [ECF 312] AND TO DISMISS PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION [ECF 304]

ANDREW P. GORDON, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, 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 Nisha Brooks-Whittington, Assistant Federal Public Defender, counsel for offender Rebecca Rosas, that the Revocation Hearing scheduled for Tuesday, March 19, 2019 at 10:00 a.m., should be vacated. IT IS FURTHER STIPULATED AND AGREED that the Petition for Warrant for Offender Under Supervision at ECF 304 should be dismissed without prejudice.

This Stipulation is entered into for the following reasons:

1. On June 21, 2018, this Honorable Court revoked offender Rosas' prior term of supervision, imposing a brief term of custody followed by a new term of supervised release. ECF 289; ECF 291. The Court ordered that offender Rosas participate in the Chemical Abuse Recovery Effort (CARE) program as a condition of supervised release. ECF 291 at 5.

2. Offender Rosas completed that term of custody, began the current term of supervised release and entered the CARE Program. Around the New Year, the United States Probation Office (USPO) for the District of Nevada filed a Petition for Warrant for Offender Under Supervision alleging that offender Rosas had tested positive for a controlled substance in violation of the terms of her supervised release and the CARE program. ECF 304. The Court issued an arrest warrant. ECF 305. Offender Rosas was arrested, appeared before a magistrate and was detained for a period of 7 days consistent with the rules and regulations of the CARE Program. ECF 307; ECF 308; 18 USC § 3563(b)(10).

2. After 7 days' detention, offender Rosas returned to the CARE Program. See ECF 309. To afford offender Rosas time to complete the CARE Program, the USPO, offender Rosas and the U.S. Attorney's Office (USAO) requested the Court continue the Revocation Hearing, then set for January 16, 2019. Id. The Court granted the parties' request, rescheduling the Revocation Hearing for March 19, 2019. ECF 312.

3. Offender Rosas has since successfully completed the CARE program. See ECF 313. In view of her success in the CARE program, the USPO, offender Rosas and the USAO now ask the Court to vacate the Revocation Hearing scheduled for Tuesday, March 19, 2019 at 10:00 a.m. and dismiss the Petition for Warrant for Offender Under Supervision at ECF 304 without prejudice.

Relief Requested

For the reasons stated above, the parties request the Court to vacate the Revocation Hearing scheduled for Tuesday, March 19, 2019 at 10:00 a.m. and dismiss the Petition for Warrant for Offender Under Supervision at ECF 304 without prejudice. A proposed order is attached.

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 scheduled by the Order at ECF 312 for Tuesday, March 19, 2019 at 10:00 a.m. is vacated.

IT IS FURTHER ORDERED that the Petition for Warrant for Offender Under Supervision at ECF 304 is dismissed without prejudice.

IT IS SO ORDERED.