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United States v. Luong

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 19, 2009

UNITED STATES OF AMERICA PLAINTIFF,
v.
JOHN THAT LUONG, ET AL., DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON POST TRIAL MOTIONS

DATE: March 23, 2009

TIME: 8:30 a.m.

CTRM: Honorable William B. Shubb

The United States of America, through its counsels of record, McGregor W. Scott, United States Attorney for the Eastern District of California, and William S. Wong and Jason Hitt, Assistant United States Attorneys; defendant John That Luong, through his counsel, Richard Mazer, Esq.; defendant Thongsouk Lattanaphon, through his counsel, Jeffrey Staniels, Asst. Fed. Def.; defendant Minh Huynh, through his counsel, Christopher Haydn-Myer, Esq.; and defendant Hoang Ai Le, through his counsel, Michael Long, Esq., hereby stipulate and agree that the hearing on post trial motions set for March 23, 2009, at 8:30 a.m. should be continued to May 18, 2009, at 9:00 a.m.

Defendants John That Luong and Hoang Ai Le (as well as Mady Chan and Huy Chi Luong) are currently in the Northern District of California for resentencing before the Honorable Marilyn Patel, U.S. District Court Judge. Assistant U.S. Attorney Robert Rees has advised the government that a three-hour sentencing hearing was conducted on March 13, 2009, but did not conclude and was continued to March 20, 2009, as a tentative date. The government was contacted by a probation officer in the Northern District who advises that Judge Patel is desirous of an updated/revised presentence report for the defendants before the resentencing. On March 19, 2009, Assistant U.S. Attorney Rees emailed the government and advised that the tentative resentencing date of March 20, 2009 needs to be rescheduled to allow additional time for the parties and the probation officer to complete their tasks. The defendants are currently in San Francisco and are not available for post trial motions and resentencing in the Eastern District of California.

Counsel for the government is scheduled for knee surgery on April 3, 2009, and will not be available until sometime near the end of April. Accordingly, the parties have agreed to continue the post trial motions and resentencing to May 18, 2009, at 9:00 a.m.

Respectfully submitted,

LAWRENCE G. BROWN Acting United States Attorney

DATED: March 19, 2009

WILLIAM S. WONG Assistant U.S. Attorney

DATED: March 19, 2009

JASON HITT Assistant U.S. Attorney

DATED: March 19, 2009

RICHARD MAZER for defendant

DATED: March 19, 2009

JEFFREY STANIELS for defendant Thongsouk Lattanaphon

DATED: March 19, 2009

CHRISTOPHER HAYDN-MYER for defendant Minh Huynh

DATED: March 19, 2009

MICHAEL LONG for defendant Hoang Ai Le

ORDER

For the reasons set forth above, it is hereby ordered that this matter be set for May 18, 2009, at 9:00 a.m.

20090319

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