The opinion of the court was delivered by: Ctrm: Honorable William B. Shubb
AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON POST TRIAL MOTIONS
The United States of America, through its counsels of record, Lawrence G. Brown, Acting 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 4, 2009, at 9:00 a.m. Counsel for the government incorrectly requested the post trial motions be set for May 18 in its original Stipulation and Order to continue hearing on post trial motions.
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. Counsel for defendant John That Luong, Richard Mazer, Esq., will not be available after the May 4 date and will be in a long protracted trial that will last several months and thus requests the May 4 date in order to accommodate his calendar. Accordingly, the parties have agreed to continue the post trial motions and resentencing to May 4, 2009, at 9:00 a.m.
LAWRENCE G. BROWN Acting United States Attorney
WILLIAM S. WONG Assistant U.S. Attorney
JASON HITT Assistant U.S. Attorney
RICHARD MAZER for defendant John ...