United States District Court, D. Nevada
January 5, 2017
UNITED STATES OF AMERICA, Plaintiff,
QUY NGUYEN, Defendant.
M. FERRAN, ESQ., HITZKE & ASSOCIATES, Attorney for
UNOPPOSED MOTION TO CONTINUE SELF-SURRENDER DATE
D. George U.S. District Judge.
NOW DEFENDANT QUY NGUYEN, by and through ERICK M. FERRAN,
ESQ., counsel for the Defendant, and files the instant Motion
To Continue Self-Surrender Date (First Request). The
undersigned has contacted the United States Attorneys'
Office, who does not oppose this motion, as set forth further
herein. Defendant has maintained excellent contact with his
Pre-Trial Officer and has never been violated while on
pre-trial release. Defendant continues to excel while on
Pre-Trial release, and seeks only a limited extension of the
self-surrender date for the reasons set forth herein.
Defendant requests a sixty (60) day extension of his
surrender date until the first week of March, 2017, for
surrender to the USP Lompoc facility designated by the Bureau
Motion is made and based upon all pleadings and papers filed
herein, as well as the following Points and Authorities and
any oral argument permitted by this Honorable Court.
Summary of Procedural History/Plea
to a plea agreement, filed on July 11, 2016, Defendant QUY
NGUYEN pled guilty to the following: 1) one count of
Conspiracy to Distribute a Controlled Substance- Marijuana,
in violation of 21 U.S.C. 841(a)(1), (b)(1)(C), and 846, and
2) one count of Conspiracy to Distribute a Controlled
Substance, THC, in violation of 21 U.S.C. 841(a)(1),
(b)(1)(C), and 846. Pursuant to the plea agreement, any and
all remaining counts against Mr. Nguyen would be dismissed.
in this matter was set for October 13, 2016. At the time, Mr.
Nguyen received a sentence of 27 months per counts one and
two, to run concurrent. He was also sentenced to supervised
release as well as certain additional conditions, including
forfeiture of certain funds involved in the case. Mr. Nguyen
was ordered to surrender by January 13, 2017 to USP Lompoc.
Court is aware, Mr. Nguyen has been a model Defendant while
on release, maintaining full-time employment, being a
business owner, and in the meantime expecting his first
child. Unfortunately, Mr. Nguyen's wife recently
miscarried the child, and he has been assisting her in the
aftermath of this tragedy. Mr. Nguyen makes this one-time
limited request for a brief extension of his self-surrender
date in order to assist his wife, and, further, to finalize
the sale of his business and his tax returns related thereto.
undersigned has contacted the United States'
Attorney's office, who does not oppose the request if the
Court were to approve it. Defendant has cooperated fully with
pre-trial services, has remained trouble free, and makes this
good-faith request to the Court.
Nguyen now stands before this Honorable Court having been
sentenced to a custodial term of 27 months. Mr. Nguyen has
made his best efforts to comply with any directive of the
Court, and any directive from Pre-Trail Services. He has
maintained full-time employment, has remained trouble-free,
and has taken every step to demonstrate to this Court the
substantial changes he has made to his life.
Nguyen makes the respectful request that the Court, in
consideration of the totality of the circumstances here,
continue his self-surrender date until any time during the
week of March 6, 2017, roughly sixty (60) days from the date
of his current self-surrender deadline. Mr. Nguyen has given
this Court absolutely no indication of improper delay or
improper behavior; to the contrary, he has been a model
candidate on pre-trial release, and has strived to change his
reasons underlying the request are simple in nature, and are
set forth above. Mr. Nguyen, who was expecting his first
child, had tragedy strike when his wife lost their child. He
wishes only to assist her in her difficult time, and,
further, is trying to wind up his affairs and sell a
remaining business and complete any remaining tax obligations
for the business. As such, the request is made on these
undersigned has been in contact with the Government regarding
the motion, and the Government does not oppose the request if
granted by the Court. Mr. Nguyen has been in compliance with
all court proceedings, with pre-trial, and has fully accepted
responsibility in this case as well as the inevitably of his
Nguyen stands before this Honorable Court requesting a brief
extension of his self-surrender date for approximately sixty
(60) days, to the week of March 6, 2017. Mr. Nguyen makes
this request is good faith, and has demonstrated to this
Court with an excellent pre-trial history that he is
deserving of the requested extension.