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Court filing — No. 2:25-cr-00241 (Dkt. 30)

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     Case 2:25-cr-00241-RFB-MDC        Document 30      Filed 04/27/26    Page 1 of 2



 1     WO
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 6                        IN THE UNITED STATES DISTRICT COURT
 7                                FOR THE DISTRICT OF NEVADA
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10     United States of America,
                                                        No. 2:25-cr-00241-RFB-MDC
11                   Plaintiff,
12     v.                                               ORDER
13     Craig Renard Gibson,
14                   Defendant.
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17           The undersigned judge previously ruled that Acting U.S. Attorney Sigal Chattah
18     was not legally appointed, and disqualified her from supervising four cases. United States
19     v. Garcia, 2025 WL 2784640 (D. Nev. Sept. 30, 2025), appeal filed, No. 25-6229 (9th Cir.
20     Oct. 2, 2025). Relying on this order, Defendant Craig Renard Gibson has moved to
21     disqualify Ms. Chattah from supervising his case or to dismiss the charges against him.
22     Doc. 26, No. 2:25-cr-00241. The government has filed a response. Doc. 28, No. 2:25-cr-
23     00241. The motion has been referred to the undersigned judge.
24           The Court has granted the government’s motion to stay its previous decision
25     pending Ninth Circuit review. See Doc. 52, United States v. Garcia, No. 2:25-cr-00230.
26     While continuing to believe that its earlier ruling regarding Ms. Chattah’s appointment is
27     correct, the Court concluded that the ruling raises novel and important questions and that
28     the respect due a co-equal branch of government counsels in favor of staying the decision


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     Case 2:25-cr-00241-RFB-MDC         Document 30      Filed 04/27/26   Page 2 of 2



 1     until an appellate ruling can be obtained. The Court notes that the Court of Appeals held
 2     argument on February 12, 2026.
 3            In light of this stay, the Court will deny Defendant Gibson’s motion without
 4     prejudice. If the Ninth Circuit affirms the Court’s decision to disqualify Ms. Chattah but
 5     she remains in office, the motion can be re-filed and presumably can be resolved by the
 6     presiding Nevada judge based on Ninth Circuit law. If the Court of Appeals reverses the
 7     Court’s decision, the arguments made in the motion will be moot.
 8            IT IS ORDERED that Defendant Craig Renard Gibson’s motion to dismiss or
 9     disqualify (Doc. 26, No. 2:25-cr-00241-RFB-MDC) is denied without prejudice to re-filing
10     after the Ninth Circuit rules on the pending appeal.
11            Dated this 27th day of April, 2026.
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