Miles Guo Court Documents · Doc 808
The government asks the court to order Mr. Guo to disclose his ex parte Rule 17 subpoena application, arguing there is no good cause for secrecy at the sentencing stage and that the application is being used to improperly delay sentencing.
摘要
Government Letter · Request to Disclose Ex Parte Rule 17(c) Materials
This two-page letter, dated February 27, 2026 from the Assistant U.S. Attorneys assigned to the case, asks Judge Analisa Torres to direct the defendant to disclose to the government the Rule 17 subpoena application and related materials that the defendant has filed ex parte in United States v. Miles Guo, S3 23 Cr. 118 (AT).
Government's Argument
The government argues:
- At this stage of the case, there is no basis for maintaining such materials ex parte;
- The government is entitled to respond fully to the defendant's arguments;
- The defendant has invoked this application as a basis to further delay his sentencing.
Procedural History Recited
- December 2025: The government first learned of the defendant's ex parte application from the defendant's fifth request to adjourn his sentencing (Dkt. 768 n.1);
- December 11, 2025 (Dkt. 773): In its opposition to the defendant's fifth adjournment request, the government asked the Court to order disclosure of the ex parte application;
- December 22, 2025 (Dkt. 782): In resolving the adjournment motion, the Court did not address the government's disclosure request;
- February 25, 2026 (Dkt. 807): In his sixth adjournment request, Guo again invokes the ex parte application as a basis to delay sentencing beyond April 2026.
Legal Standard
The government argues that courts permit ex parte applications for subpoenas only where "good cause" is shown to protect specific interests, and that no such interest persists at sentencing.
Relief Sought
The government asks the Court to direct Guo to provide the ex parte Rule 17(c) materials to the government promptly, so the government can respond to the arguments on the merits.