Guo Wengui / Miles Guo — criminal case · ORDER · ECF #855
METADATA
- Defendant
- Guo Wengui / Miles Guo / Ho Wan Kwok
- Court
- SDNY
- Case No.
- 23-cr-00118
- ECF #
- 855
- Type
- ORDER
- Filed
- 2026-06-25
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.
FULL TEXT
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA
-against-
MILES GUO,
Defendant.
USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: ________________ DATE FILED: 6/25/2026
23 Cr. 118-1 (AT)
ORDER
ANALISA TORRES, District Judge:
The 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.
Having 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).
The 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.
As 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.
For 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.
SO ORDERED.
Dated: June 25, 2026 New York, New York
ANALISA TORRES United States District Judge
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