Free Motion to Continue - District Court of Delaware - Delaware

Case 1:08-cr-00027-JJF

Document 13

Filed 05/22/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. CHUNG HANG CHENG, Defendant.

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Criminal Action No. 08-27-JJF

DEFENDANT'S MOTION FOR CONTINUANCE OF SENTENCING HEARING Defendant, Chung Hang Cheng, by and through his undersigned counsel, Luis A. Ortiz, Assistant Federal Public Defender, hereby moves this Court for an Order continuing the Sentencing Hearing in this case. In support of this motion, Mr. Cheng avers as follows: 1. On or about February 14, 2008, a grand jury returned a one count indictment against

Mr. Cheng with distribution of contraband cigarettes in violation of 18 U.S.C. § 2341(2) and 2342. Mr Cheng's rule 11 hearing and Sentencing is currently set for June 3, 2008 at 12:30a.m. 2. Mr. Cheng is requesting a postponement of the Sentencing Hearing because he is

scheduled for emergency open heart surgery today due to an obstruction in his arteries. He will be hospitalized for at least one week following the surgery and will be on bed rest at his home for an additional week. Therefore, Mr. Cheng is not available due to his health to appear at his hearing scheduled for June 3, 2008. 3. Neither, Assistant United States Attorney, Seth Beausang nor United States Probation

Officer, Jean M. Lubinsky objects to Mr. Chengs's request for a postponement.

Case 1:08-cr-00027-JJF

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Filed 05/22/2008

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4.

Counsel has discussed the need for this postponement with Mr. Cheng and he is in full

agreement with the request. 5. Accordingly, the defendant believes that, in the interests of justice, a postponement

of the Sentencing Hearing is warranted. WHEREFORE, the Defendant, Chung Hang Cheng, respectfully requests that this Court issue an Order postponing the Sentencing Hearing for at least 30 days.

Respectfully submitted,

/s/ Luis A. Ortiz Luis A. Ortiz, Esquire Assistant Federal Public Defender One Customs House 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected] Attorney for Chung Hang Cheng

Dated: May 22, 2008

Case 1:08-cr-00027-JJF

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Filed 05/22/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. CHUNG HANG CHENG, Defendant.

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Criminal Action No. 08-27-JJF

ORDER Having considered Defendant's Motion For Continuance Of Sentencing Hearing; IT IS HEREBY ORDERED this day of day of , 2008, that

Defendant Chung Hang Cheng's Sentencing Hearing shall be on the , 2008, at ______ a.m./p.m.

Honorable Gregory M. Sleet Chief Judge, United States District Court