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United States of America v. Pong Lin Lui

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 28, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PONG LIN LUI, DEFENDANT.

The opinion of the court was delivered by: Ronald M. Whyte United States District Judge

STIPULATION AND [] ORDER EXTENDING TIME FOR THE GOVERNMENT ) TO RESPOND TO DEFENDANT'S MOTION ) PURSUANT TO 28 U.S.C. § 2255

The parties hereby file this stipulation and proposed order extending the deadline for the United States to respond to Defendant Pong Lin Liu's amended motion to vacate, set aside, or correct his 21 conviction and sentence pursuant to 28 U.S.C. § 2255 (Doc. No. 578) ("Defendant's Motion"). The 22 parties respectfully request that the period for the United States to respond to the Defendant's Motion be 23 extended by 45 days, which would make the deadline May 21, 2013. 24

On February 20, 2013, the Court ordered that the government file an answer to the Defendant's Motion within 45 days. (Doc. No. 580.) The Defendant's Motion alleges ineffective assistance of 26 counsel involving plea negotiations between the United States and Pong Lin Liu ("Pong"). These 27 negotiations occurred in the context of a several-year investigation that resulted in the indictment of 10 28 defendants in a multi-drug conspiracy. (Def's. Motion ¶¶ 29-32.) After rejecting a plea offer, Pong went to trial and was convicted on nine of the ten counts in the indictment. (Id. ¶ 7.) On September 21, 2 2009, Pong was sentenced to 324 months of imprisonment. (Id. ¶ 9.)

In addition to a declaration from Liu, the Defendant's Motion included a declaration from the 4 original attorney, Kurt K. Robinson (Doc. No. 578-1), as well as a proffered expert witness, Thomas J. 5 Nolan (Doc No. 578-3). The United States needs additional time to review the extensive record in this 6 case, including the record from discovery and trial; to consider whether and how to conduct discovery, 7 including, if necessary, seeking a waiver of the attorney client privilege regarding Robinson's 8 communications with Pong; and to explore whether it is possible to reach a negotiated resolution. 9

The parties believe that good cause exists for this extension, which is not submitted for the 10 purpose of delay. The parties agree and respectfully request that the Court extend, by 45 days, the 11 deadline for the United States to respond to the Defendant's amended motion to vacate, set aside, or 12 correct his conviction and sentence pursuant to 28 U.S.C. § 2255. If this order is granted, the new 13 deadline for the government's answer would be May 21, 2013. 14 15

SO STIPULATED:

MELINDA HAAG United States Attorney DATED: March 25, 2013 /s/ ADAM L. WRIGHT Assistant United States Attorney DATED: March 25, 2013 /s/ PAUL L. ALAGA Attorney for Pong Lin Liu

For the reasons stated above, the Court finds that an extension of time is warranted for the United States to respond to Defendant Pong Lin Liu's amended motion to vacate, set aside, or correct his 4 conviction and sentence pursuant to 28 U.S.C. § 2255 (Doc. No. 578). The answer of the government 5 will be due on May 21, 2013. 6 7

IT IS SO ORDERED.

DATED:

20130328

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