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United States v. Lattanaphom

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


September 21, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THONGSOUK THENG LATTANAPHOM, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. William B. Shubb

MOTION AND [PROPOSED] ORDER CONTINUING SENTENCING

Defendant THONGSOUK LATTANAPHOM, by and through his counsel, hereby moves to continue his sentencing 90 days to permit his recently assigned counsel sufficient time to complete their necessary preparations for sentencing. Mr. Lattanaphom is currently scheduled for sentencing on September 21, 2009, at the same time as the co-defendants.

As detailed in the supporting declarations of counsel, filed ex parte and under seal, Mr. Lattanaphom's counsel are diligently preparing for sentencing. The length of continuance requested, 90 days, is sufficient to permit counsel to complete their preparations for sentencing. The inconvenience this continuance might cause the court is small compared to the prejudice Mr. Lattanaphom will suffer without the requested continuance. It is apparent from the government's opposition to co-defendant Hoang Ai Le's request for a writ of habeas corpus ad prosequendum,*fn1 that the government will not be harmed by this request. It is also clear that Mr. Lattanaphom will suffer extreme harm without a continuance. He faces a sentencing recommendation of life plus 540 months in prison. Even though Mr. Lattanaphom was a juvenile at the time of the crimes, he faces a life without possibility of parole term as the federal prison system offers no supervised release to juvenile offenders sentenced to life terms.

These factors collectively justify granting Mr. Lattanaphom's request for a 90 day continuance of sentencing. See United States v. Rivera-Guerrero, 426 F.3d 1130, 1139-1143 (9th Cir. 2005)*fn2; United States v. Flynt, 756 F.2d 1352, 1359 (9 th Cir. 1985)(setting out four factors outlined above and holding that "[t]he weight... attributed to any single factor may vary with the extent of the showings on the other factors.").

[PROPOSED] ORDER CONTINUING SENTENCING

ORDER

IT IS HEREBY ORDERED that for the reasons stated in the Defendant's motion to continue, that the sentencing hearing now set for defendant THONGSUK THEN LATTANAPHOM is continued from September 21, 2009, to January 19, 2010, at 9:00 a.m.


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