UNITED STATES v. WONG (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Sang Hing WONG, Jr., Defendant-Appellant.

No. 17-50175

Decided: September 20, 2018

Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.

L. Ashley Aull, Assistant U.S. Attorney, Frances S. Lewis, Attorney, DOJ - Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff - Appellee David J. Kaloyanides, David J.P. Kaloyanides, A Professional Law Corporation, Chino, CA, for Defendant - Appellant

MEMORANDUM **

Sang Hing Wong, Jr., appeals from the district court’s judgment revoking his supervised release and imposing a 37-month sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Wong contends that the district court erred in denying his request to continue his revocation hearing pending the resolution of his 28 U.S.C. § 2254 habeas petition. The government argues that Wong’s request should be construed as a request for a stay, rather than a request for a continuance. We need not resolve that question because the district court did not abuse its discretion by denying the request, even if it is considered as a request for a continuance. See United States v. Rivera-Guerrero, 426 F.3d 1130, 1138 (9th Cir. 2005). In light of the circumstances of this case, the district court’s decision to deny Wong’s twelfth request for a continuance was not “arbitrary or unreasonable.” Id. (internal quotations omitted).

AFFIRMED.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law