Miles Guo Court Documents · Doc 855
The district court denies Miles Guo's motion to adjourn his June 29, 2026 sentencing, concluding it can make the necessary factual findings without a Fatico hearing and that the pending subpoena, Brady, asset-preservation, and § 853(n)/special-master matters do not warrant delay; the motion at ECF No. 853 is terminated.
摘要
Order Denying the Motion to Adjourn Sentencing
On June 25, 2026, the Honorable Analisa Torres denied Miles Guo's motion (ECF No. 853), filed the same day, to adjourn the sentencing scheduled for Monday, June 29, 2026, and directed the Clerk to terminate the motion.
The Court's reasoning
Having closely reviewed the parties' sentencing submissions and the record, the Court concluded it could make the factual determinations necessary for sentencing without an evidentiary hearing under United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979). It noted it had already ruled on Mr. Guo's motion to compel compliance with the Rule 17(c) subpoena and on his Brady motion, neither of which provided a basis to delay sentencing. The Court stated that Mr. Guo's motion to preserve assets, while potentially relevant to the size of any personal money judgment, would be resolved when imposing sentence. As to ancillary proceedings — third-party petitions under 21 U.S.C. § 853(n) and the appointment of a special master — the Court found their resolution was not required prior to sentencing (citing 21 U.S.C. § 853(n) and Fed. R. Crim. P. 32.2(c)) and stated it would provide further guidance in due course.
Disposition
For these reasons, Mr. Guo's motion to adjourn was DENIED, and the Clerk was directed to terminate the motion at ECF No. 853. Dated June 25, 2026, New York, New York.