{"id":"court_sdny_855_0","court":"SDNY","case_no":"23-cr-00118","doc_number":855,"sub_number":0,"doc_type":"ORDER","filed_date":"2026-06-25","title":"UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK","summary_zh":"法官裁定 —— 美国诉 Ho Wan Kwok 等人案（郭文贵 / Guo Wengui / Miles Guo），SDNY 23-CR-118 (AT) ECF #855（2026年6月25日立案）。托雷斯（Analisa Torres）法官裁定驳回被告郭文贵推迟2026年6月29日量刑宣判的动议（ECF #853），认定法院无需举行 Fatico 证据听证会即可确定量刑事实，传票与证据披露动议已获裁决，且第853(n)条第三方附属诉讼与特别主事任用程序无需在量刑前先行解决。","summary_en":"Court Order Denying Sentencing Adjournment — United States v. Ho Wan Kwok et al. (Miles Guo / Guo Wengui), SDNY 23-CR-118 (AT), ECF No. 855 (filed June 25, 2026). District Judge Analisa Torres denied Miles Guo's motion (ECF No. 853) to adjourn the sentencing scheduled for June 29, 2026, ruling that an evidentiary Fatico hearing is unnecessary to make sentencing factual determinations, that outstanding subpoena and Brady disputes provide no basis for delay, and that third-party ancillary proceedings under 21 U.S.C. § 853(n) do not require resolution prior to sentencing.","body_en":"UNITED STATES DISTRICT COURT\nSOUTHERN DISTRICT OF NEW YORK\nUNITED STATES OF AMERICA\n\n-against-\n\nMILES GUO,\n\nDefendant.\n\nUSDC SDNY\nDOCUMENT\nELECTRONICALLY FILED\nDOC #: ________________\nDATE FILED: 6/25/2026\n\n23 Cr. 118-1 (AT)\n\nORDER\n\nANALISA TORRES, District Judge:\n\nThe Court has reviewed Defendant Miles Guo's motion, filed today, seeking an adjournment of the sentencing scheduled for Monday, June 29, 2026. See ECF No. 853. The motion is DENIED.\n\nHaving closely reviewed the parties' sentencing submissions and the record in this case, the Court concludes that it is able to make the factual determinations necessary for sentencing without an evidentiary hearing. See United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979).\n\nThe Court has ruled on Guo's motion to compel compliance with a Rule 17(c) subpoena and his Brady motion, and neither provide a basis to delay sentencing. Likewise, although Guo's motion to preserve assets may be relevant to the size of personal money judgment imposed, the Court has considered the issues raised in the parties' papers and shall resolve the motion when imposing sentence.\n\nAs to the Court's handling of ancillary proceedings, specifically, third-party petitions brought under 21 U.S.C. § 853(n) and the appointment of a special master, the Court does not find that resolution of these issues is required prior to sentencing. See 21 U.S.C. § 853(n); Fed. R. Crim. P. 32.2(c). The Court shall provide further guidance on these ancillary proceedings in due course.\n\nFor the foregoing reasons, Guo's motion to adjourn sentencing proceedings is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 853.\n\nSO ORDERED.\n\nDated: June 25, 2026\nNew York, New York\n\nANALISA TORRES\nUnited States District Judge","body_zh":null,"key_entities":["Guo","Miles Guo","Torres","Analisa Torres","853(n)","Brady"],"ecf_references":[{"doc_number":853,"court":"SDNY"}],"word_count":279,"status":"published","published_at":"2026-06-25 00:00:00","created_at":"2026-06-25","updated_at":"2026-08-17 09:56:31"}