From Casetext: Smarter Legal Research

United States v. Luna

United States District Court, Ninth Circuit, California, E.D. California
Mar 26, 2015
1:95-CR-05036-AWI-1 (E.D. Cal. Mar. 26, 2015)

Opinion

          BENJAMIN B. WAGNER, United States Attorney, WILLIAM S. WONG, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff, United States of America.

          NICHOLAS REYES, Attorney for the Defendant.


          STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND HEARING

          ANTHONY W. ISHII, Senior District Judge.

         The United States of America, through its counsels of record, Benjamin B. Wagner, United States Attorney for the Eastern District of California, and William S. Wong, Assistant United States Attorney, and defendant OSCAR LUNA, through his counsel, Nicholas Reyes, Esq., stipulate and agree to the following briefing schedule and hearing regarding the defendant's motion for sentence reduction pursuant to 18 U.S.C. Section 3582:

         1. Government's response shall be filed no later than May 25, 2015; and 2. Hearing on the matter is to be set by the court.

         The assigned counsel for the government, Assistant U.S. Attorney William S. Wong, is currently researching and writing the Government's response brief which is due on April 3, 2015 to the Ninth Circuit Court of Appeals in United States v. Huy Chi Luong, C.A. No. 13-10492. The trial in that matter lasted approximately 3 weeks involving numerous counts of money laundering with the specified unlawful activity being armed robberies of computer chip companies. Additionally, counsel for the government needs time to prepare for oral argument in the case of United States v. John That Luong, et al, which is scheduled in the Ninth Circuit Court of Appeals for April 13, 2015. The trial in that matter was very complex and lasted approximately 3 months involving four defendants charged with conspiracy to commit Hobbs Act robberies, use of firearms, and felony murder committed during the course of one of the Hobbs Act robbery with the use of a firearm.

         Counsel for the government will be out-of-state beginning on April 14 and returning to California on May 20, 2015. Because counsel for the government was the trial prosecutor in this matter in 1995, and handled the direct appeal and subsequent 2255 motions, the case was appropriately assigned to him as a result of his knowledge and familiarity with the facts of this case. Upon counsel's return to the office, time is needed for the government to conduct further legal research and write its response to the defendant's motion for reduction of sentence.

         Counsel for the government has communicated this briefing schedule telephonically with defendant's counsel, Nicholas Reyes, who does not oppose the government's reasonable request to set the briefing schedule to allow the government to file its response on May 25, 2015. Accordingly, the parties stipulate to the above law and motion schedule and request that the court consider scheduling a hearing on this matter soon thereafter.

          ORDER

         For the reasons set forth above, the law and motion schedule is adopted. Hearing on the matter, if deem necessary by the court, to be determined by the court.

         IT IS SO ORDERED.


Summaries of

United States v. Luna

United States District Court, Ninth Circuit, California, E.D. California
Mar 26, 2015
1:95-CR-05036-AWI-1 (E.D. Cal. Mar. 26, 2015)
Case details for

United States v. Luna

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. OSCAR LUNA, Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 26, 2015

Citations

1:95-CR-05036-AWI-1 (E.D. Cal. Mar. 26, 2015)